Yesterday’s Advisor hit the first two prongs of the FMLA eligibility test. Today, we’ll cover the "50 employees within 75 miles" prong and we’ll get an introduction to the popular "FMLA Bible."
The third part of the three-prong test for employee eligibility (go here for the first two prongs) 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.
Surface Miles
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. If surface transportation between worksites isn’t available, the distance is measured by using the most frequently utilized mode of transportation (e.g., airline miles).
Counting 50 Employees Within the 75-Mile Radius
The worksite employee count is made when the employee gives notice of the need for leave, not when the employee begins leave (unlike the minimum service and hours requirements). Once an employee is determined eligible for leave, that eligibility is not affected if the employee count drops below 50.
To count toward the 50-employee threshold, employees must have been maintained on the payroll for each working day during each of 20 or more calendar workweeks in either the current or the preceding calendar year.
FMLA Changes—expected to be the #1 hassle of 2010. BLR’s compliance guide is ready to help now. Click here to find out more about the Family and Medical Leave Act Compliance Guide.
Defining ‘Worksite’
Generally, a worksite can refer either to a single location or to a group of contiguous locations. Structures within a campus or industrial park, or separate facilities in proximity to one another, are considered a single employment site.
The worksite for a worker with no set worksite is assumed to be the one assigned the employee as a home base, the one from which work is assigned, or the one to which the worker reports before going out on the road.
When an employee is jointly employed by two or more employers, the employee’s worksite is the primary employer’s office from which the employee is assigned or to which the employee reports.
FMLA hassles—they just won’t go away, will they? It’s an almost overwhelming task to keep up with the old FMLA, let alone comply with the recent, far-reaching changes. Good news! BLR’s editors have gone the extra mile to get your comprehensive compliance guide up to date.
BLR’s recently updated Family and Medical Leave Act Compliance Guide—the book some are calling the “FMLA Bible”—simplifies the frustrating and confusing complexities of the FMLA, so you know exactly how to comply in every situation.
It contains practical answers to all the FMLA questions you are asking—and the ones you haven’t thought of but should be asking.
A whirlwind of changes has hit the FMLA—are you ready to comply? Order BLR’s comprehensive guidebook and find out what you need to do. You’ll get expert FMLA guidance, forms, and concrete examples. Find out more.
The Family and Medical Leave Act Compliance Guide includes:
- Leave law overview
- All the new forms and advice on how to use them
- Practical guidance on implementing all aspects of the new rules
- Analysis of federal and state laws, what they require, and how they interact
- Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers’ comp, and military leave
- Recordkeeping and reporting requirements
- Reasonable accommodation
- Sample policies and forms
Plus
- A quarterly newsletter and updates to make sure you stay in compliance as any changes come about
Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.