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Am I covered by FMLA?
Jun 2, 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 think I have already answered this or a similar question. I would need more information on the structure of the organization to answer. If the company you work for is truly an independent franchise with fewer than 50 employees, FMLA would not be available.



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