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FMLA leaveUnder 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 occurred in Reaux v. Infohealth Management Corp.

In Reaux, a federal court in Illinois 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 employees could take FMLA leave for ...(register to read more)

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{ 5 comments… read them below or add one }

Jr December 17, 2018 at 11:41 am

An private employer (national) with 50+ employees as a subsidiary, does the 75 mile rule still apply? There are 15 offices nationwide. All of them have less than 20 employees at each office.


DEBRA SELLE April 10, 2018 at 5:13 pm

inquiring about how FMLA-maternity leave affects an small employer with 12 employees


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Ron October 25, 2017 at 4:24 pm

There is no such thing as a deduction for FML since it is unpaid and not required in your case. You would deduct for time not worked if applicable in an exempt position and it would automatically be unpaid in an non exempt position. Whether or not you grant the time off is up to you, but the employee may fall under some other act like ADA if more than 15 employees.


Don Flynn September 29, 2017 at 10:35 am

If our company has less than 50 employees and is therefore exempt from Family Medical Leave, do we still need to deduct for it on an employee’s paycheck? There is an FML deduction on my paycheck even though my company does not participate in FML because it has less than 50 employees.


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