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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Can FMLA leave cover routine tardiness?
- Are your policies biased against employee caregivers?
- Beware suspicious timing when taking action against employee undergoing medical treatment
- You must follow no-Fault absenteeism policy to the letter