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FMLA and two separate companies

KBGKBG 3 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We are a California corporation employing 14 employees, and as such do not currently fall under the FMLA regulations. We are in the process of aquiring another company which currently has 15 employees.

If both companies are owned by the same entity, yet they are separate corporations will I be subject to FMLA because of the total number of employees in both companies?

The companies are within 25 miles of each other.
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  • Don DDon D 9,834 Posts
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    Federal regulations define "employer" as any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. So, according to FEDERAL law, you are not subject to FMLA regulations. But I'll bet the ranch and the ridin' cultivator that you're covered by some law in California.
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  • HRsageHRsage 409 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 04-02-04 AT 03:10PM (CST)[/font][br][br]CA has its own FMLA law, CFRA. But it also covers employers with 50+ employees the same way FMLA does.

    You can keep the ranch and the cultivator, Don. Just send a fried turkey my way instead!
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  • KBGKBG 3 Posts
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    I guess my question had more to do not so much with the number of employee's but the fact that there are two separate legal corporations owned by the same parent corporation. Any one have any clues?

    Thanks all!
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  • Don DDon D 9,834 Posts
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    In any event, given your facts, your employment number, individual or aggregate, does not meet the floor level.
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  • WingitWingit 2 Posts
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    Since noone else has attempted to answer your question, I'll give it a try. I work for a large corporation that owns multiple companies. Several of the different companies are in close proximity to each other (within 75 mile radius). The way we are handling this is to treat them all as one...so to answer your question, if the combined # of employees ever gets to 50, you would implement an FMLA policy. We do this for FLSA purposes as well. If one of our employees works for more than one of our companies, we calculate overtime based on the total hrs worked at both companies rather than at each separately. This is the most conservative approach.
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  • KBGKBG 3 Posts
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    Thanks much! This is what I was looking for.
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