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Am I covered by FMLA?
Jun 1, 2001

I am an HIV+ driver for a local trucking comapny who employs 15 - 20 employees and engages in interstate commerce. This is an individually owned and operated franchise of a larger company. I am required to attend safety seminars given by the parent company. The (local) owner reports to, and answers to the parent company. Could this be considered a "joint employer" under the FMLA? My employer has told me I can not take time under FMLA because he is not covered by it due having less than 50 employees. Your help is greatly appreciated!

Response from Ms. Franzoi

I would need more information about the employer. If the company you work for is a subsidiary or a division of a larger company and that company has 50 or more employees who work at least 20 work weeks, your company would be subject to FMLA. However, if your company is merely a franchise that employs fewer than 50 employees, it would not.

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