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FMLA question
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FMLA question
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I can't wrap my head around this, so I thought I'd ask those with more knowledge: We have a remote site with 4 employees that are located 108 miles from our corporate office. Our total company h
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FMLA question
posted at 10/28/2011 9:41 AM EDT
on Workforce Management
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Posts: 3
First: 9/21/2011 Last: 10/28/2011 |
I can't wrap my head around this, so I thought I'd ask those with more knowledge: We have a remote site with 4 employees that are located 108 miles from our corporate office. Our total company has 150 employees. If my employee that is 108 miles away from the corporate office - do i have to provide FMLA leave? I'm asking because of the 75 miles from 50 employee verbiage in the rule. Help? Kris |
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Re: FMLA question
posted at 11/1/2011 2:32 PM EDT
on Workforce Management
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Posts: 1
First: 11/1/2011 Last: 11/1/2011 |
No, your employee at the remote site does not appear to meet the definition of "eligible employee" in the federal FMLA: EXCLUSIONS. The term "eligible employee" does not include ... (ii) any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50. |
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Re: FMLA question
posted at 11/2/2011 10:34 AM EDT
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
Agreed that you are not legally forced to do so under federal law. Make sure that state law doesn't have a more limiting version of FML though. If the reason is pregnancy, make sure that you don't discriminate and that you view and treat it the same as any other medical illness. However, you might consider what type of "protected" leave you can offer as an employer to this small group of employees. But realize whatever you do will set a precedent for the future. |
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