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Under 50 employees? How FMLA could apply to you regardless

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in Employee Benefits Program,Employment Law,Firing,FMLA Guidelines,Human Resources,Leaders & Managers,Management Training,Maternity Leave Laws

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.”

Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

In Reaux, a federal court in Illinois court recently ruled that employers that are not otherwise required to provide FMLA leave could wind up subjecting themselves to the FMLA by promising such leave.

By the book

Infohealth Management Corp. was not obligated to provide FMLA leave to its employees because it did not satisfy the 50/75 rule.

However, Infohealth’s employee handbook, which employees received at the time of hire, contained a provision explaining that all empl...(register to read more)

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