FMLA employer coverage across corporate divisions

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

December 9, 1993 FMLA-22

Dear Name*,

This is in response to your inquiry regarding certain provisions of the Family and Medical Leave Act of 1993 (FMLA). You inquire regarding the status of Name* as one employer or multiple, individual employers for purposes of coverage by FMLA.

Name is a holding company consisting of five different divisions, which are decentralized. The five divisions employ 4,500 employees located throughout the United States. The five divisions are: Name, Name, Name, Name, and Name. The only common management is the three top officers of the Company located in Name. Name owns all divisions and approves all financial goals.

Regulations 29 CFR Part 825.104(c) provides that, "normally the legal entity which employs the employee is the employer under FMLA. Applying this principle, a corporation is a single employer rather than its separate establishments or divisions." Consequently, Name is a single employer for purposes of coverage based upon the information you provided and the provision of the regulation. An employee would be eligible for FMLA leave if the employee is employed at a worksite which has 50 or more employees at or within 75 miles of the worksite. The 50 employee count would include employees of any of the divisions of Name.

Hopefully this has been responsive to your inquiry. Should you need further assistance please contact Name*, a member of my staff at (202) 219-8412.

Sincerely,

Maria Echaveste Administrator

• Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).