Legal Question in Medical Leave in Virginia

I'm getting conflicting information on whether or not I'm entitled to FMLA. I work for a private company, have been here for 10+ years, and have worked the required 1,250 hours in the last 12 months. What I'm not clear on is the 50 employees stipulation. Our company has 70, but they're spread out over the US. I've received some info that says 50 employess need to live within 75 miles of the HQ, some info that says as long as the company does interstate business the 50 employees can be further afield than 75 miles, and some info that just says 50 employees with no other stiputaltions. It's a bit confusing. Under one of the scenarios above I'm not entitled to FMLA, under the other two I am. Before I create a situation at my office I'd like to get the real answer.

Asked on 4/09/10, 6:45 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, your company needs to employ at least 50 employees within

a 75 mile radius of your worksite to be covered by the Act. (See FMLA SEC. 101 2(B) EXCLUSIONS ii)

Answered on 4/14/10, 3:19 pm

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