›

FMLA question

62740866274086 25 Posts
in Benefits & Leave Vote Up0Vote Down

We are a NY based company with employees from NJ, NY and CT but all work in NY.  With the new NJ FLA requirements, it raised a good question.  Does an employee who lives in Jersey but works in NY get FLA or FMLA?

Share on Facebook Share on Twitter

Comments

  • 1 Comment sorted by Votes Date Added
  • TXHRGuyTXHRGuy 1,586 Posts
    PMVote Up0Vote Down

    The law in the state where the work is done is probably always going to be the controlling concern, which can make for some whacky boundary problems.

     

    For example, let's say that your NY employee is dispatched to do something in NJ.  While in NJ, the person gets hurt doing personal business on their lunch break and the injury qualifies under NJ FLA's definition (which is about the same as FMLA, anyway).  What do you do?  One thing you can do is run the times concurrently if it's not clear if NJ FLA applies or not and assuming you do not wish to be the test case.  I read a blurb about that but not in detail because I don't have any NJ operations but it's worth taking a look at.

    Share on Facebook Share on Twitter
Sign In or Register to comment.