[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.111]

[Page 756-757]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 
                                 Apply?
 
Sec. 825.111  In determining if an employee is ``eligible'' under FMLA, 

how is the determination made whether the employer employs 50 employees 
within 75 miles 
          of the worksite where the employee needing leave is employed?

    (a) Generally, a worksite can refer to either a single location or a 
group of contiguous locations. Structures which form a campus or 
industrial park, or separate facilities in proximity with one another, 
may be considered a single site of employment. On the other hand, there 
may be several single sites of employment within a single building, such 
as an office building, if separate employers conduct activities within 
the building. For example, an office building with 50 different 
businesses as tenants will contain 50 sites of employment. The offices 
of each employer will be considered separate sites of employment for 
purposes of FMLA. An employee's worksite under FMLA will ordinarily be 
the site the employee reports to or, if none, from which the employee's 
work is assigned.
    (1) Separate buildings or areas which are not directly connected or 
in immediate proximity are a single worksite if they are in reasonable 
geographic proximity, are used for the same purpose, and share the same 
staff and equipment. For example, if an employer manages a number of 
warehouses in a metropolitan area but regularly shifts or rotates the 
same employees from one building to another, the multiple warehouses 
would be a single worksite.
    (2) For employees with no fixed worksite, e.g., construction 
workers, transportation workers (e.g., truck drivers, seamen, pilots), 
salespersons, etc., the ``worksite'' is the site to which they are 
assigned as their home base, from which their work is assigned, or to 
which they report. For example, if a construction company headquartered 
in New Jersey opened a construction site in Ohio, and set up a mobile 
trailer on the construction site as the company's on-site office, the 
construction site in Ohio would be the worksite for any employees hired 
locally who report to the mobile trailer/company office daily for work 
assignments, etc. If that construction company also sent personnel such 
as job superintendents, foremen, engineers, an office manager, etc., 
from New Jersey to the job site in Ohio, those workers sent from New 
Jersey continue to have the headquarters in New Jersey as their 
``worksite.'' The workers who have New Jersey as their worksite would 
not be counted in determining eligibility of employees whose home base 
is the Ohio worksite, but would be counted in determining eligibility of 
employees whose home base is New Jersey. For transportation employees, 
their worksite is the terminal to which they are assigned, report for 
work, depart, and return after completion of a work assignment. For 
example, an airline pilot may work for an airline with headquarters in 
New York, but the pilot regularly reports for duty and originates or 
begins flights from the company's facilities

[[Page 757]]

located in an airport in Chicago and returns to Chicago at the 
completion of one or more flights to go off duty. The pilot's worksite 
is the facility in Chicago. An employee's personal residence is not a 
worksite in the case of employees such as salespersons who travel a 
sales territory and who generally leave to work and return from work to 
their personal residence, or employees who work at home, as under the 
new concept of flexiplace. Rather, their worksite is the office to which 
the report and from which assignments are made.
    (3) For purposes of determining that employee's eligibility, when an 
employee is jointly employed by two or more employers (see Sec. 
825.106), the employee's worksite is the primary employer's office from 
which the employee is assigned or reports. The employee is also counted 
by the secondary employer to determine eligibility for the secondary 
employer's full-time or permanent employees.
    (b) The 75-mile distance is measured by surface miles, using surface 
transportation over public streets, roads, highways and waterways, by 
the shortest route from the facility where the eligible employee needing 
leave is employed. Absent available surface transportation between 
worksites, the distance is measured by using the most frequently 
utilized mode of transportation (e.g., airline miles).
    (c) The determination of how many employees are employed within 75 
miles of the worksite of an employee is based on the number of employees 
maintained on the payroll. Employees of educational institutions who are 
employed permanently or who are under contract are ``maintained on the 
payroll'' during any portion of the year when school is not in session. 
See Sec. 825.105(c).

[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]