Legal Question in Medical Leave in Virginia

My wife works for a home health agency with an office in Virginia, while the company headquarters is in Maryland. She has requested FMLA but, the HR says the Virginia office is not covered and Virginia law does not support FMLA (or something to that effect.) Is there something in the FMLA that says a company must cover all workers within a certain geographical area (i.e. 50 or 75 miles of the HQ) as it is under ADA?

Asked on 5/04/10, 5:28 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, the company within a radius of 75 miles from employee worksite, must

employ at least 50 people according to Title 1 Sec.101(2)(B)(i) of the Family &

Medical Leave Act.

HR's assertion that "Virginia law does not support FMLA"(a federal law)

is nonsense.

Answered on 5/10/10, 5:59 am

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