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Question: If my company has branches in five locations and none of them have over 50 employees, and only two of them are within 75 miles of each other, is the entire company eligible for FMLA or just the two branches?

Answer: While you are a covered employer based upon the employee count nationally, the employee must be eligible. Meaning the employee works at a location where at least 50 employees are employed at the location or within 75 miles of the location. Therefore only those working at a location within 75 miles where 50 or more employees exist would be considered eligible, and provided other criteria are met. However, considering the logistics of your company, many employers with similar conditions consider granting eligibility of the leave to all employees providing a fair and consistent work environment.