Legal Question in Medical Leave in Florida
From Management
I have an employee who has caught onto the FMLA thing. She has been out twice on FMLA - unrelated - in a two month period. She puts on a good act for her doc and got the paperwork filled out. My office is small, and we can't afford a frivilous FMLA absence. We are bracing for the ''next one''. At what point can we take her out of her current position and ''offer'' her a comprable one.
1 Answer from Attorneys
Re: From Management
The FMLA does not apply to small offices. In order to meet the definition of an employer, there must be 50 or more employees in a 75 mile radius. Of course, there may be other laws which apply and you cannot be motivated to rid yourself of an employee due to their illness, as this may bring certain related laws into the picture.
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