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Family Medical Leave of Absence (New York)

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  • Family Medical Leave of Absence (New York)

    I work for a company that is located in Upstate New York. They are owned by a larger (World wide) corporation whose home office is in Ohio.

    I live and work out of my home in Pennsylvania. Last year we found out that my wife has cancer. We do not have any family members living near us to help take care of her during her chemo treatments. (this is the 2nd time she's had cancer). My employer still wants me on the road and doing service work all the time (I travel for this job all up and down the east coast - if I'm lucky I'm home maybe one day per week!). They have not even mentioned that I could possibly take a Family Medical Leave of absence to take care of the wife. When I brought that possibility up to them - they basically ignored me and told me I could use my Vacation and sick/personal days to assist her.

    Is this legal? Are they discriminating against me?

  • #2
    How many employee are there within 75 miles of you? How Long have you worked for this company?
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      I'm the only Service Technician within 75 miles that works on this type of equipment. The next service tech is roughly 260 miles away from me. However, The way we work each of us are required to "fill in" for other guys whenever there's a need. We do it all the time. We either drive the extra distance or fly. The extra costs involved is built into the pricing structure of our service.

      I've been working Directly for the company in New York for 7 years and I worked before that for the Corporate out of Ohio for 6 years.
      Last edited by KerryA; 05-05-2006, 08:45 PM.

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      • #4
        Kerry, the question is how many employees total work within 75 miles of your job site not whether they work on the same type of equipment that you do. Basically, the requirements for eligibility for leave under the Family and Medical Leave Act are:

        1. You've worked there more than 1 year.
        2. You've worked more than 1,250 hours in the past year.
        3. The employer has 50 or more employees within 75 miles of your job site.

        If you don't meet those criteria, then the employer does not have to provide you with leave under FMLA and can tell you to use your vacation or personal days instead.
        I am not able to respond to private messages. Thanks!

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        • #5
          Even if FMLA applies, the employer can still require that you use vacation time as part of it.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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