FMLA

earlearl

We are a Tx. company with over 160 employees. We have contracts all over the U.S. and our consultants fly and work at these medical facilities for a week or several months. At no location are there more than 15 consultants. They are under the supervision of their location but have to answer to this company on all issues. Their paychecks are also from our company office.

Are we subject to FMLA?

Terry

I believe I am correct in saying if locations within a 75 mile radius of each other add up to 50 or more employees, then the answer is yes.

Theresa Gegen TX

Your scenario poses an interesting FMLA question.

Here is how I would analyze it: Do the employees who travel have a "home base"; from your facts, it seems as if they are at one location for 2-3 months, but where do they call home?

If they generally call your company homesite "home" (they reside there, and travel temporarily from their to the work sites, then return home), to be on the safe side, you should count them in determining whether you have 50 or more employees within the 75 miles.

However, if that is not their "home" (for example, they reside in a territory and always travel in that territory, they probably would not need to be counted in the 50 employees.

There has been one case with similar facts. In that case, a sales person who lived and worked in a different part of the country than the home office, but got his checks from the home office and would periodically check in, claimed he was entitled to FMLA. The court disagreed, because he was assigned to a different territory, and there were not 50 or more employees within a 75 mile radius of his normal working area. However, the scenario you have given is bit different.

Bottom Line: before I would deny anyone FMLA leave, I would run down the detailed facts with an employment attorney. The small investment it will take in time and money could end up saving you hundreds of thousands of dollars in litigation costs later on!

Good Luck!