This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the second area of the three-prong test used to determine FMLA eligibility, the minimum hours requirement.
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The third part of the three-prong test for employee eligibility has nothing to do with the individual employee, but relates to the total number of employees at or close to the worksite of the employee requesting leave.
To satisfy this portion of the test, an employee must work at a worksite that has at least 50 employees at that site or within 75 miles of that worksite.
The 75-mile distance is measured by surface miles, using surface transportation over public streets, roads, highways, and waterways, by the shortest route from the facility where the employee needing leave is employed. Absent available surface transportation between worksites, the distance is measured by…