SophiaS
02-02-2008, 07:19 PM
So I have worked for my employer 2.5 years and am 4 months pregnant. I have insurance through my work, and am considering working part time after my baby is born. My first question is does FMLA apply to my office, we are a smaller company with a clinic side and they doctors employ a surgery center connected to our clinic. The clinic has a little less that 50 employees, but the 2 added together are 60+. Do I have job security? And does my insurance cover me when I take my leave of absence? Do they have to allow me 12 weeks of time off?
Pattymd
02-03-2008, 05:38 AM
Are both business owned by the same owner and are they within 75 miles of each other? My understanding is that, if so, both businesses would be subject to the FMLA. I'm sure someone here can confirm that shortly.
Betty3
02-03-2008, 04:25 PM
Who Is a Covered Employer Under the FMLA?
An employer is covered by the FMLA if the employer engages in an industry activity affecting commerce and employs 50 or more employees for 20 or more workweeks in the current or preceding year. Public agencies as well as public and private elementary and secondary schools are covered employers regardless of their employee number.
Separate corporations are generally viewed as separate employers unless the integrated employer or joint employer tests are satisfied.
Factors that are considered in determining whether two or more entities constitute an integrated employer include common management, interrelation between operations, centralized control of labor relations, and degree of common ownership or financial control. No one factor is determinative; rather, courts and agencies examine the totality of circumstances to determine if the corporations amount to an integrated employer. Where two or more entities are determined to comprise an integrated employer, the number of employees working for those entities will be added together for the purpose of ascertaining FMLA employer coverage and employee eligibility.
Two or more employers may be established as joint employers when an employee simultaneously performs work that benefits two or more employers at different times during the workweek and those employers exercise some degree of control over the employee's workweek or conditions of work. Factors that are considered in identifying whether two or more employers are joint employers include whether the employers have arranged to share employees' services or to interchange employees; whether one employer acts directly or indirectly in the interest of the other employer(s) in relation to employees; and whether employers share control of employees because one employer controls, is controlled by, or is under common control with the other employer(s). Whether a joint employment relationship exists will depend on the totality of the relationship and not on any one factor. Generally, the duties and obligations imposed by the FMLA are the responsibility of the primary employer. The criteria for determining which entity is the primary employer include which entity has the authority to hire and fire; which entity assigns and places the employee; and which entity pays and provides benefits to the employee.
SophiaS
02-04-2008, 11:58 AM
Yes, the same owners, they are just seperate companies, and they are connected businesses, only a door seperates them.
Pattymd
02-04-2008, 12:18 PM
Then I would say, yes (although it's not the physical proximity that does it).