Legal Question in Medical Leave in California

Top 10% Limit

My employer is claiming that the Family Leave Act does not apply to me because I am in the top 10 percent of payroll. I am salary, but not executive level-I have four layers of supervisors above me. Also, I make less than $30k/year in a $3 Billion/year privately held company. The main claim that I am in the top 10% is that majority of the 1200 emplyees are paid minimum wage. My main questions are: 1. Does California have a top 10% limitation; 2. If so, how is that 10% figure arrived at, and 3. If the 10% limitation was intended to apply to executives, than does it also apply to skilled professionals who are not executives?


Asked on 5/26/99, 1:03 am

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: Top 10% Limit

I offer no legal opinion because of the limited inforamtion you provide. HOwever, this seems rediculous. UNless you are a key employee whose absence could cause serious problems for the company, you are entitled to the leave. you sound like a regular worker to me. While technically the 10 percent rule you recited is accurate, no more than 10 of the number of workers in a seventy five mile radius may be deemed key employees. Thus, presuming the comapny has fifty employees, only five could be key employees based soley on wages (see Code of Federal Regualtinos CFR 25.217(2) Good luck

Read more
Answered on 5/28/99, 12:38 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in California