Q. We have nine office locations spread around the state. All of them have far fewer than 50 employees. Do we have to offer?
A. Probably not, but it depends on how far those branches are from each other. Here’s why: The regulations say that an eligible employee is one who: (1) has been employed for at least 12 months; (2) has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave; and (3) is employed at a work site where 50 or more employees are employed by the employer within 75 miles of that work site.
Be aware that if two or more of your branches are located within 75 miles of one another, the employee count may be combined to reach the 50-employee minimum. Also remember to count all employees and not just full-time equivalents.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employees who agree to arbitration lose federal option in FMLA, NJLAD cases
- 6 Questions to Make Sure You're a Change Driver, Not a Passenger
- Sample Policy: Smoking
- How should we count FMLA leave when both parents work for the same company?