Legal Question in Medical Leave in Florida
Family Leave
I'm a resident of Florida and have worked for the same employer for 17 yrs. as a Dental Hygienist. He has only 5 full time and one part time employee. Is he legally obligated to hold my job for me if I take family leave to care for my ailing mother who lives in another state? I wouldn't expect to be paid but don't want to lose my position.
2 Answers from Attorneys
Re: Family Leave
Please see the information at: http://www.dol.gov/esa/regs/compliance/posters/fmlaen.pdf.
Re: Family Leave
From the information that you have provided so far, it does not appear that the employer has to provided the benefits adn rights of the Family and Medical Leave Act.
If a company employs fewer than 50 people within 75 miles of the employee�s worksite, the employee does not qualify for FMLA leave. This regulation was enacted to accommodate employers -- small companies would find it more difficult to send a replacement far away if a needed employee were to take leave.
However, I would suggest that you contact an employment law attorney to clarify if you have any rights under the FMLA.