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FMLA after Downsizing

Discussion in 'Human Resources' started by Mindy, Jul 9, 2013.

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  1. Mindy

    Mindy Law Topic Starter New Member

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    First off, hello to anyone who might remember me. I hadn't been on the LegalWorkplace forums in a long time, but was sad to see that they were closing them, but glad to see that you all found a new home I could follow you to.

    My company has gone through two asset sales in the past 7 months and we have gone from 300 employees in 9 locations to about 25 now in 1. Luckily the acquiring companies hired almost everyone and the latest is even reopening some stores we closed before, but as you can imagine this is quite a big change for those of us who are left with the original company and we have to learn lots of new ways of being a small business. I myself, having previously been Payroll & Benefits, am also taking over all of HR, Risk, Safety, Payables (which I did before I did Payroll, tho it's been like 15 years), and who knows what else...

    So the first thing I am looking into is FMLA. It appears to me that the company itself will still be considered a Covered Employer for another year, but now none of the employees will be eligible due to the 50 employees within 75 miles requirement. Does that sound right? It just seems a bit weird to be covered, but not have to do anything, unless I am totally misunderstanding. We are in OR, and I have not started researching the OFLA part of this equation yet.

    Thanks for any help! I am sure I will have many more to come.

    Mindy :)
     
  2. Betty3

    Betty3 Super Moderator

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    Here is a link on the Oregon Family Leave Act:

    http://www.oregon.gov/boli/TA/pages/t_faq_oregon_family_leave_act_01-2011.aspx

    Federal FMLA (re your question) - A covered employer is a:

    Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
    Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
    Public or private elementary or secondary school, regardless of the number of employees it employs.
    ELIGIBLE EMPLOYEES

    Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

    Works for a covered employer;
    Has worked for the employer for at least 12 months;
    Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave; and
    works at a location where the employer has at least 50 employees within 75 miles. (75 mi. radius)
    fact sheet - http://www.dol.gov:80/whd/regs/compliance/whdfs28.htm
     
  3. cbg

    cbg Super Moderator

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    Welcome back, Mindy! I was lurking on the Payroll board not long ago and was wondering what happened to you.

    I've been in a situation where employees of one location were FMLA eligible and employees of the other location were not. Weird things can happen with the eligibility criteria being what it is. We implemented a policy for both locations that would be in compliance with FMLA and give the non-FMLA employees a reasonable amount of medical leave.
     

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