Confusion on FMLA

After looking through the Federal guidelines on FMLA, it left me a little confused.  We are a company with approx. 200 employees, in 10 different locations.  Some have over 50 employees, and some do not.  Some are within 75 miles of each other, and some are not.  Because we have 200 employees as a whole, it is my understanding that we have to offer all locations FMLA, correct?


  • 6 Comments sorted by Votes Date Added
  • No small wonder you are confused -- FMLA is tough. There are 2 coverage rules -- one for the employer and one for the employee. For the private employer, they must have 50 or more employees for each working day during each of 20 or more weeks in the current or preceding year.

    For the employee to be eligible for FMLA leave, he or she must work at a worksite where there are 50 or more employees on-site or within a 75-mile radius of the worksite. So, you really need to look at the employee's worksite/75-mile radius to determine whether the employee is eligible.

  • I would say that yes you have to offer to all locations. It would be less confusing for your company to offer as a company policy not a location policy.
  • I always error on the conservative side.  When in doubt especially with regards to the FMLA rules and regulations offer the FMLA to your employees (regardless of location) it is easier and far less confusing to your employees and you stay consistent within your own policy guidelines.

  • I would also agree to error on the conservative side. I have one additional question in regards to workers compensation and the use of FMLA leave. How does that affect the situation.
  • Several have suggested you err on the conservative side or do 'what's easiest'. Why do either? A simple visit to the regulations will produce the answer your company needs. Doing what's easiest will often set you up for claims of precedence having been established. And I suggest your boss might say he/she hired you to enforce policy and law, not take easy approaches.

    And erring one way or the other simply indicates you haven't researched the rules. The regulations, although abundant, are relatively simple in this situation.

  • If you look at the regs, you'll see that NY Giants is right.
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