29 C.F.R. § 825.111

Determining whether 50 employees are employed within 75 miles

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(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 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 concept of flexiplace or telecommuting. Rather, their worksite is the office to which they 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 § 825.106), the employee's worksite is the primary employer's office from which the employee is assigned or reports, unless the employee has physically worked for at least one year at a facility of a secondary employer, in which case the employee's worksite is that location. 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 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 § 825.105(c).

Notes of Decisions

Cited in 27 cases (7 in the last 5 years), 2000–2026 · leading case: Harbert v. Healthcare Servs. Grp., Inc., 391 F.3d 1140 (10th Cir. 2004).

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Harbert v. Healthcare Servs. Grp., Inc., 391 F.3d 1140 (10th Cir. 2004). · cites it 10× “See 29 C.F.R. § 825.111 (a)(3). Defendant denied Plaintiffs request for FMLA leave based on Defendant’s conclusion that Plaintiff was not employed at a “worksite” at which Defendant employed 50 or more employees within 75 miles, and that she was therefore ineligible for FMLA…”

Ronald Cobb v. Contract Transp., Inc., 452 F.3d 543 (6th Cir. 2006). · cites it 6× “Department of Labor *558 (“DOL”) regulation 29 C.F.R. § 825.111 defines the term worksite as used in the FMLA.”

Hackworth v. Progressive Cas. Ins., 468 F.3d 722 (10th Cir. 2006). · cites it 7× “The district court granted summary judgment to Progressive, holding that a DOL regulation, 29 C.F.R. § 825.111 (b) (1995), which states that the 75-mile distance must be measured in surface miles, was owed judicial deference.”

Newsome v. Young Supply Co., 873 F. Supp. 2d 872 (E.D. Mich. 2012). · cites it 7× “, and that if Staffing Source’s facility is deemed to be Plaintiffs “work site” under the joint employment enterprise, Defendants are liable to Plaintiff under the FMLA, id.”

Bellum v. PCE Constructors, Inc., 407 F.3d 734 (5th Cir. 2005). · cites it 4× “The district court resolved this controversy by consulting 29 C.F.R. § 825.111 (b), which states that 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…”

Newsome v. Young Supply Co., 835 F. Supp. 2d 406 (E.D. Mich. 2011). · cites it 16× “, and that if Staffing Source’s facility is deemed to be Plaintiffs “work site” under the joint employment enterprise, Defendants are liable to Plaintiff under the FMLA, id.”

Engelhardt v. S.P. Richards Co., 472 F.3d 1 (1st Cir. 2006). · cites it 2× “Thus, the 75-mile rule protects those employers (and their employees) whose businesses require separate worksites from the cumbersome requirement of relocating or commuting over large distances to cover for an employee on leave.”

Podkovich v. Glazer's Distributors of Iowa, Inc., 446 F. Supp. 2d 982 (N.D. Iowa 2006). · cites it 3× “29 C.F.R. § 825.111 (a). In cases where there is no such identifiable report site, “then the location designated as the employee’s worksite is the site from which the employee’s work is assigned.”

Bosse v. Baltimore Cnty., 692 F. Supp. 2d 574 (D. Maryland 2010). “§ 2611(2)(A); see 29 C.F.R. § 825.111 . A “serious health condition” is “an illness, injury, impairment, or physical or mental condition that involves .”

Trumbull Falls, LLC v. Plan. & Zoning Comm'n, 902 A.2d 706 (Conn. App. Ct. 2006). “For example, § 19-13-B51m (b) (1) of the Regulations of Connecticut State Agencies, which governs well permits, requires a 200 foot distance requirement to be measured along a “street, alley or easement, of the approved water supply ____” 10 Similarly, 29 C.F.R. § 825.111 (3)…”

Moticka v. Weck Closure Sys., 183 F. App'x 343 (4th Cir. 2006). “29 C.F.R. § 825.111 . While an employee is out on FMLA leave, the employer shall maintain the employee’s coverage under any group health plan.”

Walker v. Elmore Cnty. Bd. of Educ., 223 F. Supp. 2d 1255 (M.D. Ala. 2002). “Walker attempts to work around the absence of twelve-month’s employment by arguing that she is covered by 29 C.F.R. § 825.111 (b), which states that, “For purposes of determining whether intermittent/occasional/casual employment qualifies as “at least 12 months, 52 weeks is…”

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— 29 C.F.R. § 825.111(2) — 2 cases

Ronald Cobb v. Contract Transp., Inc., 452 F.3d 543 (6th Cir. 2006). “Department of Labor *558 (“DOL”) regulation 29 C.F.R. § 825.111 defines the term worksite as used in the FMLA.”

Cobb v. Contract Transp (6th Cir. 2006).

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