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FMLA and the number of employees and distance rules

On Behalf of | Nov 10, 2017 | Employee Benefits |

New York workers who meet the criteria for the Family Medical Leave Act (FMLA) have the right to take time off for a variety of reasons. However, there are times that the criteria itself can be confusing and workers might not know exactly what they mean. There are numerous foundational requirements to be able to use FMLA. One is the number of employees and distance from the employee’s worksite at which the counted workers will be located. If there are violations made by the employer, the worker will have the right to have the union seek to get them what they are entitled to with help from a law firm experienced in representing unions in employment law.

The specific rule says there must be 50 employees within 75 miles of the worksite of the employee who is seeking FMLA. The 50 or more employees will be counted based on the employees who are on the payroll no matter their work status. For example, if they are part-time workers, temporary workers or seasonal workers, they will still be counted. For the 75 miles, this will be measured based on surface miles over highways, roads, public streets and waterways on the shortest possible route. The work location must be the site where the employee will regularly report or where the work is assigned. It can be an individual location, a campus, a group of buildings, or a facility where they are in geographic proximity.

If workers work at home under various arrangements, the worksite will be where they report when they receive their assignments. If an employee does not have a specified worksite – this can include those who work construction, are in the transportation industry, or are an airline flight crew among other jobs, the site where they report to get their work assignments or their home base will be the worksite.

For those who would like the use FMLA, it is essential that they understand how they meet the requirements to do so. Sometimes there might be a disagreement as to the worker’s status, worksite or what constitutes an employee and FMLA could be denied. Having legal help from an attorney who is experienced in labor law, employee benefits and FMLA can help with a case.

Source:, “The Employer’s Guide to The Family and Medical Leave Act — 50 Employees within 75 Miles of the Employee’s Worksite, pages 17-18,” accessed on Nov. 7, 2017