Legal Question in Medical Leave in Maryland
Employees not covered by FMLA
Field sales employee, having never taken or requested prior leave, or has any negative marks in personal file for the three years of employment, residing/working in Missouri, with a four state territory, notifies employer that she is taking medical leave. The company has approximately 200-400 employees located at the home office in Baltimore Maryland. Additionally the field sales force has approximately 25-50 employees at any given time, all with territories ranging from a primary city only, like Chicago, to multiple states, South Dakota/North Dakota/Montana. The empoyee is informed that she is not protected by FMLA because the act requires fifty employees within a seventyfive mile radious of her working location. Any comments?
1 Answer from Attorneys
Re: Employees not covered by FMLA
For such a field sales employee, the question is which location is used to determine the 50 employee/75 mile radius test. The location is generally either the one that the employee is assigned to as a home location, or receives assignments from, or to which he/she otherwise reports. So, if he/she is assigned to a location whrere there are 50 employees in a 75 mile radius, he/she is covered by the law.
Check out the FMLA regulations at section 825.111, which are at the DOL.gov website, for more info.
Of course, the employee can also use sick leave and vacation for medical leave. There may also be some issues of discrimination (sex, race, disability etc.) if the employer has allowed others to use personal leave before but is now refusing personal leave for an illness issue. It would depend on the employees who have taken leave in the past (are they different from the employee in question - male versus female, black versus white, etc.) and the illness itself.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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