Legal Question in Medical Leave in Texas

fmla and commission

My sister works on commission selling cemetary property. She was told she could not get fmla because she does work only on commission. She has been at this company for 5 years and the company does have the required number of employees.

So is this right to deny her fmla because she is commission only?


Asked on 5/20/07, 1:26 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: fmla and commission

Your rate or method of pay does not determine FMLA eligibility. Rather, so long as your employer is covered, you have been employed at least 1 year and worked 1250 hours during the preceding 12 months and your reason for the leave is covered, then the FMLA applies.

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Answered on 5/21/07, 11:44 am


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