Under 50 employees? How FMLA could apply to you regardless — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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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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{ 1 comment… read it below or add one }

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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