| A recent court ruling could impact employers that are close to meeting the Family and Medical Leave Act’s (FMLA) size and distance thresholds. Employees are covered under FMLA if, among other criteria, they work within 75 miles of 50 or more eligible employees on their organization.
The U.S. Supreme Court let stand a lower court ruling that the distance should be measured in surface miles over roads and or waterways, not as the crow flies, as in the case Larry Bellum v. PCE Constructors.
Contractor Larry Bellum took leave from work to have surgery, according to the lawsuit. His employer, construction company PCE, based in Baton Rouge, La., was building a facility for Fabricated Pipe in Fernwood, Miss. at the time. After his recovery, Bellum as told that there was no longer any work for him. When his employment was terminated, he sued in a lower court, seeking relief under FMLA.
PCE successfully argued it was exempt from FMLA rules because the distance between PCE’s headquarters and Fabricated Pipe is 88.5 miles over public roads, or 69 linear miles. |
