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Unread 12-22-2011, 07:54 AM
lisfir lisfir is offline
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Join Date: Jul 2011
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Default FMLA qualifying agency

My agency has 20-30 employees and we are considered a quasi-governmental agency. We do have a Board of Director's appointed by our County government and we do receive some local county funds from them. The County does not technically run our agency, however. We pay our own payroll, etc. Would we be considered a qualifying agency?

I have an employee who will be taking maternity leave soon. She does not have any sick leave available and will be on leave without pay status. She does qualify under the 12 month length of service and 1250 hours worked.
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Unread 12-22-2011, 09:12 AM
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joannie joannie is offline
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Location: Ardmore, OK
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Taken off the DOL web page:

The FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.
To be eligible for FMLA benefits, an employee must:
  • work for a covered employer;
  • have worked for the employer for a total of 12 months;
  • have worked at least 1,250 hours over the previous 12 months; and
  • work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
While the 12 months of employment need not be consecutive, employment periods prior to a break in service of seven years or more need not be counted unless the break is occasioned by the employee’s fulfillment of his or her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)), or a written agreement, including a collective bargaining agreement, exists concerning the employer’s intention to rehire the employee after the break in service.
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Unread 12-22-2011, 10:12 AM
sonny sonny is offline
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Join Date: May 2001
Location: The Sunshine State.
Posts: 2,138

I think the question is about # of employees. .Stand a lone this er would not be FMLA applicable d/t less than 50 employees but would the county employees count? I think that is the question to which I don't know the answer for sure but my gut says the agency for which lisfir works would not be a covered er.
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Unread 12-22-2011, 11:49 AM
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NaeNae55 NaeNae55 is offline
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Location: Kansas
Posts: 3,205

I don't know sonny. This agency belongs to a government so it can't be stand alone. We only have 12 full time employees, we do our own payroll, and have our own 401k plan, but we are owned by another company so we must do FMLA. Our board consists of people who work at our owner company. It sounds to me like this agency is a similar situation. Besides, the DOL says all public agencies.

I think the question is whether or not this is a public agency that belongs to some form of government, not how many employees they have. If the answer is yes, then they are covered.
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