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FMLA Considerations for Business Owners

More FMLA caveats to consider for businesses required to comply with FMLA:

  • The Department of Labor may issue a new regulation requiring businesses with employees eligible for FMLA protection to extend those benefits to gay employees.  A decision is pending as of late June 2010.  More to come….
  • Businesses can determine whether or not Workers Compensation claims that require an employee’s absence from work will run concurrently, or separately, with FMLA time.  As long as the employer is consistent with their leave practices for all employees, there shouldn’t be compliance issues.
  • Unless you are a public (government contractor) agency, then you are only required to offer FMLA if you have 50 or more employees at each of your work sites.  If the work site in question has less than 50 employees (part-time employees included), then you are not required to offer FMLA to employees.  Furthermore, if you meet the criteria of 50 total employees, but your employees are located at more than one work site separated by 75 miles or more, you are not required to offer FMLA to your employees.
  • Questions about how this may apply to your business?  Contact us!

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