FMLA - small company, do we qualify?


 I recently took over in HR for a company who is made up of 4 small companies. Each company has around 20 employees and have their own FEIN. I know you have to over 50 employees to be required to offer FMLA, but I am not sure how it works in my situation. Thanks.


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  • 29 C.F.R. 825.104 tells you who is a "covered employer" and mentions two specific tests that apply to your situation.  You could be a "joint employer" or an "integrated employer".  825.104(c)(2) has the "integrated employer" test and 825.106(c) has the joint employer test.  It sounds like you may be an integrated employer.  We don't have enough facts to say anything about whether you are a joint employer. 

    29 C.F.R. 825.105 tells you how to count heads.

    29 C.F.R. 825.106 tells you how to determine if you are a "joint employer."  This is mostly about whether you use PEOs or temporary employees.

     29 C.F.R. 825.111 tells you how to determine if any 50 employees are within 75 miles.


    You can go to the DOL's site, go to the alphabetical index, click on "F," click on "Family and Medical Leave Act," and then scroll down to the bottom and click on the regulations.  That will take you to the correct code of federal regulations.  If anything falls into a gray area, you will probably need to talk to someone with more experience in the area, the DOL, or an attorney.

  • Thank you. I will check out the site.
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