Forums
FMLA
Benefits & Compensation
FMLA
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
I read that the Federal guideline for FMLA is 50 or more EE's and I am in WA. State where our state guidelines are for 100 EE's or more. Question 1 is does state supersede the federal guidelines and Q
0
Cat:Topic ForumsForum:ForumId52
Cat:Topic ForumsForum:ForumId52Discussion:DiscussionId15429
Forums » Topic Forums » Benefits & Compensation » FMLA
|
FMLA
posted at 8/30/2000 8:51 AM EDT
|
Posts: 27
First: 6/15/1999 Last: 1/30/2006 |
I read that the Federal guideline for FMLA is 50 or more EE's and I am in WA. State where our state guidelines are for 100 EE's or more. Question 1 is does state supersede the federal guidelines and Question 2 is if our company is only 25 EE's do we have to honor FMLA in any manner? Thanks for the help. |
|
|
FMLA
posted at 8/30/2000 1:19 PM EDT
|
|
Posts: 363
First: 7/30/1999 Last: 9/29/2005 |
I think states usually supercede federal when they are more stringent (such as a $7 state minimum wage).
In this case I think the federal supercedes since it is more stringent. I imagine the state regs pre-dated the federal. It you're less than 25 total employees, you're probably off the hook. Ask the EBG attorneys at www.workforce.com/legal or go to www.workforce.com/archive and scroll down to "employee leave" on the bottom left. Todd |
|
|
FMLA
posted at 9/7/2000 1:47 AM EDT
|
|
Posts: 1
First: 9/7/2000 Last: 9/7/2000 |
At the DOL website www.dol.gov they have a section under "Compliance Guide to the Family and Medical Leave Act" that states "Several States and other jurisdictions also have family or medical leave laws. If both the Federal law and a state law apply to an employer's operations, an employee is entitled to the most generous benefit provided under either law. |
Forums » Topic Forums » Benefits & Compensation » FMLA
