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  1. #1
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    Jan 2013
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    Default Nevada FMLA Regulations

    My question involves labor and employment law for the state of: Nevada, more specifically the county of Eureka. I guess my first question is this. Does the FMLA law created by the government all reaching or can each state and their counties modify it to their wishes?
    The main question i have follows this scenario. My wife works for a school district and the school she works at is 71 miles as the crow flies from the district headquarters. They sent my wife an email saying any employee from that school is not eligble for FMLA because they are "more that 50 miles away from the main attendance area". Is that right? All the info on FMLA that i found said it was up to 75miles and do those miles have to follow a road, or is it as the crow flies?

  2. #2
    Join Date
    Jan 2006
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    Default Re: Nevada FMLA Regulations

    My wife works for a school district and the school she works at is 71 miles as the crow flies from the district headquarters. They sent my wife an email saying any employee from that school is not eligble for FMLA because they are "more that 50 miles away from the main attendance area". Is that right?
    No. That isn't right. The 75 mile rule is for when counting employees in order to determine if there are enough employees to qualify for coverage of the law.


    work at a location where the company employs 50 or more employees within 75 miles.
    If there are 50 employees at your wife's location, that requirement has been met. If not, you count all the employees within a 75 mile radius from her location and count those employees. If they total 75 or more, the requirement has been met.

    I believe the measurement would be as the crow flies. Using a map and a compass, put the center pin on your wife's place of business and make a circle that is the scale equivalent of 75 miles. Any employees within that circle get counted.

    If I am incorrect, hopefully cbg or a couple other folks that work in HR will be by and correct me.

  3. #3
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    Default Re: Nevada FMLA Regulations

    The court cases I've seen use surface miles (road miles) not linear miles ("as the crow flies"), pointing out that linear miles can be deceiving - the concept is that if locations are close enough to each other, staff from one location can cover for staff at another; if (as one court put it) the two worksites are on the north and south rims of the Grand Canyon, despite the linear proximity that's not realistic.

  4. #4
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    Default Re: Nevada FMLA Regulations

    And just to clarify one point; FMLA is Federal, not state, and the eligibility criteria is also Federal, not state.

  5. #5
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    Default Re: Nevada FMLA Regulations

    Quote Quoting jk
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    If there are 50 employees at your wife's location, that requirement has been met. If not, you count all the employees within a 75 mile radius from her location and count those employees. If they total 75 or more, the requirement has been met.
    This isn't quite correct. The employer needs to have at least 50 (not 75) employees within a 75 mile radius of the employee's work location.

  6. #6
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    Jan 2006
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    Default Re: Nevada FMLA Regulations

    Quote Quoting Betty3
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    This isn't quite correct. The employer needs to have at least 50 (not 75) employees within a 75 mile radius of the employee's work location.

    Ya, it was a typo. In the other employee counts, I stated 50. For some reason I put 75 (presumably the mileage thing was stuck in my head when I typed that). Thanks for the correction though. Wouldn't want readers to be mislead.

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