(a) The Act became effective on August 5, 1993, for most employers.
If a collective bargaining agreement was in effect on that date, the
Act's effective date was delayed until February 5, 1994, or the date the
agreement expired, whichever date occurred sooner. This delayed
effective date was applicable only to employees covered by a collective
bargaining agreement that was in effect on August 5, 1993, and not, for
example, to employees outside the bargaining unit. Application of FMLA
to collective bargaining agreements is discussed further in
Sec. 825.700(c).
(b) The period prior to the Act's effective date must be considered
in determining employer coverage and employee eligibility. For example,
as discussed further below, an employer with no collective bargaining
agreements in effect as of August 5, 1993, must count employees/
workweeks for calendar year 1992 and calendar year 1993. If 50 or more
employees were employed during 20 or more workweeks in either 1992 or
1993(through August 5, 1993), the employer was covered under FMLA on
August 5, 1993. If not, the employer was not covered on August 5, 1993,
but must continue to monitor employment levels each workweek remaining
in 1993 and thereafter to determine if and when it might become covered.
