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Category: Business Law
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If we have 50+ employees within the east coast. How do we

Resolved Question:

If we have 50+ employees within the east coast. How do we know when our organization should be compliant with FMLA? Thanks
Submitted: 11 months ago.
Category: Business Law
Expert:  John replied 11 months ago.
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

There are really two aspects of your question. First as an employer with 50 plus employees you have to be compliant with the FMLA. THis means you have to give notice to employees of their possible right to take FMLA in a handbook or otherwise. Which you can find the model notice here.

Second, then becomes the question of whether your employees are actually entitled to take FMLA. There are three requirements they must meet for that at the time they request leave - 1) they worked for you for at least 12 months, 2) worked at least 1,250 hours in the last 12 months; and 3) are working out of a worksite where the employer has at least 50 employees with the radius of 75 miles. I think this last one will be most difficult for you as you state you are located within the east coast - not sure what that means in terms of their worksites. If the particular employee has no permanent place of employment then it is where 1) they are assigned as their home base, 2) the location from which their work is assigned, or 3) where they are currently reporting for work. Thus it could be the case that you have an enterprise that is covered by the FMLA but you never have to grant leave.


I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Attorney
Category: Business Law
Satisfied Customers: 2822
Experience: Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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