Private employers are subject to the Family and Medical Leave Act (FMLA) if:

  1. They are engaged in commerce or in an industry or activity affecting commerce; and
  2. They employed 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

Public agencies and public and private elementary and secondary schools are subject to the FMLA regardless of the number of employees that they employ.  See 29 U.S.C. § 2611(4).