Legal Question in Medical Leave in California

FMLA elgibility

My name is--name removed---name removed--and I am a Regional Mgr. for Mail Terminal Services. My home office is in Florida and I am domicile in Ca.

I am currently on STD for foot surgery and was attempting to apply for FMLA job protection. I was told I was not elgible because there are only 44 employees at my domicile San Francisco location. I also have responsibility for multiple locations SEA.DEN, and PHX with over 100 employees, am I elgible.

My phone number is 510-593-8387

Thanks,

--name removed-

Asked on 1/15/08, 6:13 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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Re: FMLA elgibility

Probably not. The rule is 50 employees within 75 miles.

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1/15/08, 6:56 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum
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Re: FMLA elgibility

I would add that you should consult with your doctor regarding the reason for the surgery. If it is something more than a simple injury, it may be considered a disability. If so, you could request that the company reasonably accommodate your disability by allowing you time off to recover from the surgery. The shorter the time off, and an expected date for you to return is more likely to be considered reasonable as an accommodation.

Also, check with your employer's leave of absence policies to see if you qualify under the company's stated plans.

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1/15/08, 7:15 pm

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