Family Medical Leave Act North Dakota

[bev182]

I'm trying to find out if FLMA applies to the state of North Dakota. I have a friend who was written up after taking off work for a chronic illness. She says North Dakota is an at-will state and she is not sure if they comply with FLMA guidelines. Any feedback on this would be appreciated.

[Sockeye]

FMLA is a federal law and applies to all states.

[Beth3]

Ditto to what Sockeye said. All employers in all States are subject to the FMLA if they have 50 or more employees.

[cbg]

However, FMLA does not apply if ANY of the following is true:

1.) The employer has less than 50 employees within a 75 mile radius of the employee's location.
2.) The employee has worked for this employer for less than 12 months total.
3.) The employee has worked less than 1,250 hours in the 12 months immediately preceding the beginning of their leave
4.) The employee's condition does not qualify for protection under the statute.
5.) The employer has not been given sufficient information to know that the employee's condition might qualify under the statute.

With regards to #5, the ultimate responsibility is that of the employer, not the employee. However, the employee doesn't get to call out sick, no matter how legitimate the illness, without giving the employer enough info to determine if FMLA applies, and then sue the employer for FMLA violations.