Consider this example: Company A has 30 employees in Greenville and Company B has 30 employees in Spartanburg. Family Medical Leave Act (FMLA) analysis is easy, right? Neither company has 50 employees, and, therefore, neither is covered under FMLA. Not so fast! Related corporations may have their employee counts aggregated for purposes of determining whether they have 50 or more employees under the FMLA through the “single integrated employer” test. The FMLA requires an employer to comply with its regulations if it employs 50 or more workers within a 75-mile radius. Under the single integrated employer test, Company A and Company B may be regarded as a single employer for FMLA coverage (and have their employee counts aggregated) depending on the nature of their corporate operations.
Articles Discussing Coverage Issues Under The FMLA.
Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She’s a Key Employee?
Disclaimer! Disclaimer! This is not a political post. This is meant to be good, clean fun. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck!
Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly
I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.
FMLA FAQ: My Employee Took a Whole Lot of Leave Last Year. Is He Even Eligible Now for FMLA Leave?
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We’re now in a new FMLA year and he is requesting FMLA leave again. Is he even eligible for FMLA leave since he didn’t work 1,250 hours?
FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?
Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?
Want Some Insight into the EEOC’s priorities in the Area of ADA and Leaves of Absence? Follow EEOC Commissioner Chai Feldblum on Twitter
With the growth of blogs and other social networking like Linkedin and Twitter, news comes at us fast and furious these days. In a recent blog post, LexBlog CEO and legal marketing guru Kevin O’Keefe cited a recent survey finding that 55 percent of people hear about breaking news on Facebook and 20 percent on Twitter.
FMLA FAQ: Is a Reinstated Employee Short on “Hours Worked” Eligible for FMLA Leave?
We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?
GINA Rules Require New Disclosures In Requests For FMLA Certification
Employers covered by the FMLA should take note of new final regulations under the Genetic Information Nondicrimination Act (GINA) published this week by the U.S. Equal Employment Opportunity Commission (EEOC). Although the FMLA is enforced by the U.S. Department of Labor, not the EEOC, the new GINA regulations require employers who seek medical certifications in support of leave or accommodation requests – including FMLA leave – to provide new disclosures or risk violating GINA.