How is eligibility for FMLA coverage determined?

I’m aware of the provisions of the law but am unclear how it applies in this situation. Employer is a federal contractor, located in MD, and has approximately 100 employees at 10 sites around the country. The company has only 1 office in MD and all the employees work in government buildings. Under the FMLA, would each site be considered individually as a site that employs less than 50 employees? Or, would each employee be considered a satellite

employee to the office in Maryland, thus providing FMLA coverage to all employees?

Asked on May 26, 2016 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The employer must have 50 employees within a 75-mile radius of where you work for coverage. So first, look at how many MD employees are there: if there aren't at least 50 in the state (you write there are 100 employees nationwide), then there is no chance FMLA applies.
If you do have at least 50 in MD, basically take a map of the state (or at least the nearby counties), put an "X" on your work location, and draw a 75-mile radius circle around it. Look then at where your employer has staff working, and how many. If there are at least 50 employees within that 75-mile radius of your location, you should be covered (assuming you also have worked for this employer for a year, and worked at least 1,250 hours in the last 12 months).

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