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Too small for FMLA? Think again; you may be an ‘integrated employer’

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in Employment Law,FMLA Guidelines,Human Resources,Leaders & Managers,Management Training

If your company has fewer than 50 workers, yet is somehow linked to another employer or location, you may incorrectly believe that you don't need to comply with the Family and Medical Leave Act (FMLA). If this fits your situation, read on to find out whether you need to start complying.

The FMLA says you must comply if you employ 50 or more workers within a 75-mile radius. Separate companies are usually viewed as separate employers. But the Labor Department sometimes classifies a group of smaller businesses as an "integrated employer" if the companies are linked in some way, thus forcing all those small companies to comply. Franchised and spun-off businesses are particularly vulnerable.

Are you an integrated employer? The Labor Department will examine four factors to decide if two or more employers or locations are "integrated":

1. Common management.

2. Relationship among operations.

3. Centralized control of labor relations.

4. Degree of common ownership or financial control.

Having any one of these items doesn't automatically make you an integrated employer, but courts will look at the totality of circumstances to make the decision.

Recent case: The manager at a Massachusetts pizza store filed an FMLA lawsuit.

The employer argued that the law didn't apply to his store because it doesn't employ 50 or more people. He admitted that it would cross the 50-employee threshold if each of its three pizza franchises together were deemed "integrated." But each store stood alone in management structure and financial control.

The court disagreed and let the case proceed. Reason: Enough linkage existed among those three stores to make them an integrated employer, pushing them over the 50-employee limit. The stores were part of the same franchise (Domino's), and they shared a workers' comp policy. (Cousin v. Sofono Inc., No. 01-30186-MAP, DMass, 2003)

{ 4 comments… read them below or add one }

Cas July 13, 2017 at 10:02 pm

Jack, wouldn’t Laura’s husband be able to claim an ADA leave of absence? Typically most reasons for rehab qualify as an ADA qualifying disability, no?

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Steve May 7, 2017 at 4:49 pm

Unfortunately, the FMLA only applies to companies with 50 or more employees.

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Laura Doane May 5, 2017 at 7:38 pm

Just have a question my husband is leaving to attend a 28-day rehab program works for a very small company 20 employees his boss had said he may not have a job when he comes back they need to fill the position by law does he have the right to take FMLA??

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Jack June 21, 2017 at 5:23 pm

it depends. the company must have 50 or more employees. if they have multiple work locations then they care meet the 50 person employee requirement in a 75 mile radius of the location on where your husband works. you husband would have to have been employed for more than a year and have worked a total of 1250 or more hours in the 12 month period prior to taking fmla. now here is where they will probably get you, is rehab considered a serious medical need as noted by an authorized physician? I’m going to venture to say no its not. so he may not be eligible under the serious medical need aspect for which fmla covers and applies.

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