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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118780
Experience:  20+ Years of Employment Law Experience
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I work for a small company, 6 people total. We are owned by

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I work for a small company, 6 people total. We are owned by a holding company that also owns a very large company. The holding company give our company money every month and we are available for use to the large company. Do we qualify under the 50/75 fmla rule?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: WI
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, we're not at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, if you can show that you are technically employees of the larger corporation not merely the smaller holding entity, yes you do qualify for FMLA under the 50/75 rule. The commonly owned entities are generally liable under the alter ego or subsidiary rule. So, yes, in most all cases the US DOL would hold that the major company was liable under FMLA and that it would apply even to the smaller holding/alter ego company through the major employer.
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Customer: replied 5 months ago.
The holding company is really just the owner. He's listed as our owner and on the board of the large company.
Customer: replied 5 months ago.
We're considered a corporate retreat for the larger company.

Thank you for your reply.

Then you would be considered a alter ego under the subsidiary rule as I said above, so the FMLA 50/75 rule can be applied based on the common ownership.

Law Educator, Esq. and other Employment Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you

Thank you. I wish you the best.