Fmla / company 3 fin

My question is we have an employee that transfered from one of our company's to another. Each company has it's own federal ID number but we are all affliated. The employee is requesting FMLA for the birth of her child. She meets the requirements of 12 months for her total time with us but not for the company she transfered to.

Is she eligible for FMLA?



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  • Are all the companies handled under one umbrella such as for management and benefits? Does one company own the others?

    We only have 14 employees, and have our own tax ID number. We also are the only company in our group of companies that does our own payroll, financials, etc. We still fall under FMLA due to our owner company.

    Hope this helps. Good luck!

  • The regulations from DOL provide that employees of another entity will be counted as your employees, if your company and the other entity are “joint” or “integrated” employers.

    A corporation with an ownership interest in another corporation is a separate employer, unless it meets the “joint employer” or the “integrated employer” test.

    Joint Employer Test
    Joint employers may be separate companies wholly distinct from each other, with separate owners,
    managers, and facilities. Conversely, joint employers may be two related companies with common ownership, management, and facilities. The factors in determining if a joint employer relationship exists include:
    1. The nature and degree of control of the workers
    2. The degree of supervision, direct or indirect, of the work
    3. The power to determine the pay rates or the methods of payment of the workers
    4. The right, directly or indirectly, to hire, fire, or modify the employment conditions of the workers
    5. Preparation of the payroll and payment of wages
    6. Any other factor that evidences a common control of the workforce

    No one factor is determinative of whether a joint employer relationship exists. The entire relationship
    must be viewed in its totality. Generally, a joint employment relationship exists:
    1. Where there is an arrangement between employers to share an employee’s services or to interchange
    2. Where one employer acts directly or indirectly in the interest of the other employer in relation to
    the employee.
    3. Where the employers are not completely disassociated with respect to the employee’s employment
    and may be deemed to share control of the employee, directly or indirectly, because one employer
    controls, is controlled by, or is under common control with the other employer.

    For example, joint employment ordinarily will be found to exist when a temporary or leasing agency
    supplies employees to a second employer.

    Integrated Employer Test
    Separate entities will be deemed to be one employer for purposes of the FMLA where the operations
    of both employers are found to be “integrated.” Factors considered in determining if two or more
    employers are integrated include:

    1. Common management
    2. Interrelation between operations
    3. Centralized control of labor relations
    4. Degree of common ownership/financial control

    As with the joint employer test, no one factor is determinative of whether an integrated employer
    relationship exists. The entire relationship must be viewed in its totality.

    Employees of joint or integrated employers must be counted by both employers, whether or not they
    are maintained on both employers’ payrolls, in determining employer coverage and employee eligibility.
  • Thank you Editorial! This was very informative.
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