Legal Question in Medical Leave in California

What if your company has less than 75 employees at one location?

My company has 800+ employees nationwide, however, we have only 32 employees in our Bay Area office. Does FMLA therefore not apply to me, since I want to apply for FMLA after I have my baby to bond with him, and was told by my HR rep (who is in NJ) that I need a medical certification for FMLA for bonding purposes. Is he correct, because we don't have the required 75 people in our offices out here? Also, if I am ineligible for FMLA, what about CFRA?

Thanks.


Asked on 10/25/04, 5:04 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: What if your company has less than 75 employees at one location?

To be eligible to take leave under either FMLA or CFRA, the employer must have at least 50 employees within a 75 miles radius of your work location. However, under the California Fair Employment and Housing Act, an employer must allow up to 4 months off for a pregnancy related disability. This may be where a medical certification comes into play.

The HR Rep is incorrect if he/she is saying you need medical certification under FMLA to bond with your baby. This is not the law.

Read more
Answered on 10/27/04, 4:30 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in California