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  • fmla Missouri

    I was told that my job does not have to held for me if i have surgery and will be out of work for 8 weeks. We have over 2500 people in the company BUT we have offices all over the world and hr said since there is less than 50 people at my location i was NOt covered under FMLA. I've worked here for 15 years. Is my employer telling me the truth ?

  • #2
    Originally posted by flattire View Post
    I was told that my job does not have to held for me if i have surgery and will be out of work for 8 weeks. We have over 2500 people in the company BUT we have offices all over the world and hr said since there is less than 50 people at my location i was NOt covered under FMLA. I've worked here for 15 years. Is my employer telling me the truth ?
    https://www.dol.gov/whd/regs/compliance/whdfs28.pdf (additional info)

    eligible employee:
    Works for a covered employer;
    Has worked for the employer for at least 12 months;
    Has at least 1,250 hours of service for the employer during the the 12 month period immediately
    preceding the leave and;
    works at a location where the employer has at least 50 employees within 75 miles.

    http://www.nolo.com/legal-encycloped...mla-leave.html (additional info)
    The employee must work at a worksite with 50 or more employees within a 75-mile radius. This means that a small group of employees who work at a distant satellite office might not be eligible to use the FMLA, even if your company has thousands of employees. The 75-mile radius must be determined based on actual routes (streets, highways, and so on) that could be traveled between company worksites, not “as the crow flies.”
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Yes, they are, sorry.

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      • #4
        Just because they told you they do not have to legally hold your job for you (true) doesn't mean they might not unless they already told you they will not.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          FMLA would not apply if there are fewer than 50 employees within a 75 mile radius. If FMLA does mot apply, the terms of the leave are up to the employer. It would be unusual for an employer to replace a good employee who needs 8 weeks off for a surgery, but it is legal to do so. It is also not uncommon to simply not promise that the position will be held as the law does not require that and employers are wary of making promises they may not be able to keep.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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