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Dec19

Does my office need to adhere to FMLA?

My office has 30 FTE’s in it. Our company has 80 FTE’s but they are spread out well over 100 miles apart.

Does my office with 30 people, hundreds of miles from our headquarters and other larger offices have to give FMLA benefits?

thanks

The federal FMLA or Family and Medical Leave Act applies to companies with 50 or more workers within 75 miles. The law was written this way to avoid unfairly impacting small employers.

If there is no location within 76 miles of your office, and your office has less than 50 employees, you do not have to offer FMLA to employees.

However, suppose your office (Office A) has 30 employees. Another location (Office B) 40 miles away has 10 employees, and yet another location (Office C) 65 miles in the other direction has 15 employees. That is a total of 55 employees, within 75 miles of your office, so you would have to offer FMLA to employees. This is true, even though Office B and Office C are 105 miles apart…because each is within 75 miles of your location at Office A.

You mention FTE or Full-time Equivilant employees, but the FMLA is not based on FTEs. It is based on the number of employees. Using the FTE system, two employees who each work 20 hours per week equal one FTE, or full-time equivilant employee. Four employees who each work 10 hours equal one FTE. However, for FMLA purposes, each of those two or four employees counts. In other words, every employee — full-time and part-time –counts towards your 50-person threshold for FMLA, even if they only work one hour per week. If your 30 FTEs are actually 50 or more employees, even part-time ones, than you must offer FMLA to all employees.

If you employ more people seasonally, then that will also up your total. Under the FMLA, an employer who has 50 or more employees for any 20 weeks of the year, must offer FMLA, even if the employer only has a handful of employees at other times of the year.

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This entry was posted on Friday, December 19th, 2008 at 3:38 pm and is filed under
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One Response to “Does my office need to adhere to FMLA?”

  1. FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA News Update Dec. 22 Says:

    [...] » Does my office need to adhere to FMLA? Human Resource Blog That is a total of 55 employees, within 75 miles of your office, so you would have to offer FMLA to employees. This is true, even though Office B and Office C are 105 miles apart…because each is within 75 miles of your location at … Human Resource Blog – http://www.humanresourceblog.com/ [...]

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