Legal Question in Medical Leave in Texas

Fmla

I am a disabled veteran, served in Iraq. I have two questions. First is there a minimum amount of employees a company must have staffed in order to recieve FMLA? Second, with my ongoing VA doctors visits, does this fall under my FMLA or do they have a right to take away from my sick days? I am a salary employee with alot of VA doctor appointments, evaluations, treatment, etc. Any help would be appreciated. Thanks


Asked on 9/24/07, 12:58 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Fmla

In order for the federal FMLA to apply, an employer must have at least 50 employees in a 75 mile radius of the location where the employee works. The next step is to determine if the individual employee is FMLA eligible. This requires that the employee work at least the preceding 12 months and have at least 1250 hours of working time. The final issue is whether the leave is for a reason covered by the FMLA. The employee's own serious health conditions are covered by the FMLA. There is a bit of analysis which you have to go through to determine if you have a serious health condition as defined by the FMLA. For more information about this, you can visit the Department of Labor's website, www.dol.gov and follow the links to FMLA.

Also, you may have rights under state laws which are different or greater than your rights under federal law. To determine your rights under state law, you need to consult with an attorney licensed in your state.

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Answered on 9/24/07, 2:45 pm


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