McKenzieHRFamily And Medical Leave Act #2 | McKenzieHR

Family And Medical Leave Act #2

Question: In determining exemption from FMLA based upon having under 50 employees, would we need to include employees that are registered as being licensed employees of our Corporate branch address, but physically work from other locations?

FROM: JOHN
INDUSTRY: MORTGAGE

RESPONSE:

John,

For FMLA purposes, it is the location in which the employee actually works.

So, in your case, if one of your salespeople is licensed in Palm Coast and works out of an office in Fort Lauderdale, the Fort Lauderdale location is used for determining the 50 employees within a 75 mile radius.

I hope this helps. Thanks for Asking Bob

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