Legal Question in Medical Leave in Virginia

Eligibility requirements of 50 employees in 75 mile radius

I need a surgery that will put me out of work for 4 to 5 weeks. My company has 89 stores nationwide but only 3 in my state. One requirement is 50 employees in a 75 mile radius. Does that mean within 75 miles of my store or 75 mile within corporate headquarters where the are 100's of employees? If I am not eligible due to this will I lose my job if I take this time off for this surgery? What are my options? Who grants the leave time? Is it the employer or the federal government?


Asked on 9/03/00, 12:36 am

1 Answer from Attorneys

Ms. Tran Lankford Tran Lankford, Attorney at Law

Need To Contact Local Attorney

I am licensed in GA, please contact a local attorney. If I were to fully advise you on this case, I would need more information from you. What you have listed is only one of many requirements in order for an employer to be considered a covered employer under the Family & Medical Leave Act of 1993. In addition, even if the Act is applicable to that employer, you still would have to be an eligible employee. There are a number of requirements for you to be considered eligible. The employer's policy does play a role in this also. You work for your employer so the employer would be the one granting the leave. The Act is a federal law.

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Answered on 10/05/00, 2:21 pm


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