FMLA1993-22 — Definition of "employer"

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

December 9, 1993 FMLA-22

Dear
Name*,

This is in response to your inquiry regarding certain provisions of the Family and Medical Leave Act of
1993 (FMLA). You inquire regarding the status of
Name* as one employer or multiple, individual
employers for purposes of coverage by FMLA.

Name* is a holding company consisting of five different divisions, which are decentralized. The five
divisions employ 4,500 employees located throughout the United States. The five divisions are:
Name*,
Name*, Name*, Name*, and Name*. The only common management is the three top officers of the
Company located in
Name*. Name* owns all divisions and approves all financial goals.

Regulations 29 CFR Part 825.104(c) provides that, "normally the legal entity which employs the employee
is the employer under FMLA. Applying this principle, a corporation is a single employer rather than its
separate establishments or divisions." Consequently,
Name* is a single employer for purposes of
coverage based upon the information you provided and the provision of the regulation. An employee
would be eligible for FMLA leave if the employee is employed at a worksite which has 50 or more
employees at or within 75 miles of the worksite. The 50 employee count would include employees of any
of the divisions of
Name*.

Hopefully this has been responsive to your inquiry. Should you need further assistance please contact
Name*, a member of my staff at (202) 219-8412.

Sincerely,

Maria Echaveste
Administrator

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
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