How are the total number of employees determined for the purposes of OFLA and/or FMLA?

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How are the total number of employees determined for the purposes of OFLA and/or FMLA?

I am pregnant and my employer only has 15 employees at this 1 entity. However, he has 2 other businesses with a total of about 80 employees. Does OFLA or FMLA apply to him? I meet the other criteria for both.

Asked on April 1, 2012 under Employment Labor Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Both the Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) to come into place require a given employer to have at a minimum 50 employees. The issues as to whether these two acts apply to you depends upon how the assorted businesses are structurally held as under one corporate entity or not from what I see. I suggest that you consult with the human resource person with your company to see if either of these acts apply to you and your pregnancy.


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