I went out of work on 2/14/2007 for surgery. The day I left for surgery I was replaced by another employee at my position at work. When it was time for me to return. I contacted the owner of the company and asked what would my positon be, would my pay change basically I asked what would my employee status be? He said that my pay would not change but I would be a contacted employee with no benefits. Because we are a small company that only has about 15 employees does that mean I am no longer covered under the FMLA laws?..Do you know of any other ways to fight this?
2007-03-15 05:30:17 · 4 answers · asked by Althea C 1 in Politics & Government ➔ Law & Ethics
Sorry, Susie has it right:
An employer covered by FMLA is any person engaged in commerce or
in any industry or activity affecting commerce, who employs 50 or more
employees for each working day during each of 20 or more calendar
workweeks in the current or preceding calendar year.
2007-03-15 05:58:21 · answer #1 · answered by jurydoc 7 · 0⤊ 0⤋
on your difficulty, 4 ten hour days constitutes a week. The HR branch is technically spectacular. for the reason that FMLA is a federal regulation, they probably have not got plenty discretion in how the regulation is utilized. each worker must be taken care of the two. So in the event that they cut back you a smash, they may well be beginning as much as a discrimination declare from yet another worker. My spouse has RA, and she or he faces a similar difficulty. bear in concepts, they are no longer required to fireplace you after the FMLA is over. They nonetheless may well be prepared to artwork with you below the situations. possibly you ought to do some artwork from abode? good success.
2016-11-25 21:51:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
well, with your company being so small, and you not being in a union, odds are you are protected but your company might not actually do things properly. But, i dont believe that having more or less employees means that your company can ignore the FMLA Law. Your supposed to have protected time off for sickness or caring for a sick family member, regardless of the size of a a company. the real question is where you benefited before you left, because i believe benefits dont have anything to do with FMLA, it just adds to it. But this is all things i learned while being a steward for a union, they might not apply to such a small and private company.
2007-03-15 05:44:30 · answer #3 · answered by Josh W 3 · 0⤊ 0⤋
Your company does not have to comply with FMLA laws because they have less than 50 employees.
2007-03-15 05:35:26 · answer #4 · answered by Susie D 6 · 1⤊ 0⤋