Employers with 50 or more employees within 75 miles must provide. If they have multiple locations, they must often provide leave to some employees but not others.
If that’s your situation, beware making blanket handbook statements aboutleave eligibility.
Recent case: Matthew worked for Shane Co. in Minnesota and twice took FMLA leave that the handbook said was available to employees. Then he asked for.
Shortly afterward, Matthew was fired and he sued, alleging interference with his.
Shane asked to have the case dismissed, arguing it only had 46 Minnesota employees, making Matthew ineligible for FMLA leave. The court agreed, noting that Matthew never argued that his earlier leave and the handbook created an expectation of leave. Because he missed that claim, he lost. (Nordby v. Shane Company, No. 11-3584, DC MN, 2013)
- Proceed with caution when making health-related inquiries
- Payroll records and FLSA: Could I be personally liable?
- Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?
- Employees can sign away past FMLA violations in Pennsylvania
- Can you be personally sued for an FMLA mistake?