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Am I covered under FMLA?


My company has 50 different branches all over the US. The branch I work at has only 5 employees. Our home office which is 82 miles away from my branch has over 100. From my understanding, there has to be 50 employees within a 75 mile radus before you are eligible for FMLA, however, is it fair that other employees are eligible and I am not due to my location???

Who told you that? Yes it applies to your company. Its one big company and has nothing to do with branches. The statute reads:

(a) An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employers covered by FMLA also include any person acting, directly or indirectly, in the interest of a covered employer to any of the employees of the employer, any successor in interest of a covered employer, and any public agency. Public agencies are covered employers without regard to the number of
employees employed. Public as well as private elementary and secondary schools are also covered employers without regard to the number of employees employed.

(c) Normally the legal entity which employs the employee is the employer under FMLA. Applying this principle, a corporation is a single employer rather than its separate establishments or divisions.
29 CFR 825.104 a, c(2)

Find the legal definition of "covered employers" here:
http://www.dol.gov/dol/allcfr/ESA/Title_...

Anything you want to know including how to file a grievance is located here:
http://www.dol.gov/dol/topic/benefits-le...

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