I work in a sales position with a company that manages ad sales for national publications (publisher's rep firm).

My company is based in SF and I work in the LA office with 2 other employees. The total # of employees is probably around 10. I am paid base plus qtrly commission with contractual obligation to be employeed at time of bonus payout and next bonus payment scheduled for december 31. I have been employeed for almost 2 years full time.


I am considering personal STD but would like my job protected under the FMLA but fear that the business may not meet required minimum size. Is there any consideration given to the structure of my job since I am a pseudo-employee of the publication i represent? Are there any guidelines for small companies under 50 employees?

If I am not covered under FMLA, is there any way to protect my job status and ensure I receive my scheduled bonus payment on Dec 31?

Thanks in advance for your help

FMLA applies only when there are 50 or more employees, and the only protection offered in CA for smaller companies relates SOLELY to maternity. The type of position you are in does not matter.

It is possible that the magazine is a joint employer, and together FMLA might apply, but this is a very tricky area of the law, so I would try to hold off on taking the leave until your bonus is paid, if you can.