Legal Question in Medical Leave in Virginia

FMLA Qualification
I work for a family ownded staffing company. We have about 400 temporary employees but only about 15 permanant staff.
I am a manager at one of our office but may be in the top 10% pay range. My husband and I are adopting a daughter and want to use FMLA. My question is do the temporary associates count as employees? If so, we have many engineers and professionals who make more than me. If they do count, Im sure I would be bumped out of the 10% range. What are the laws regarding this.

Asked on 4/07/09, 12:12 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: FMLA Qualification

Yes, as I understand the Act, the term employee requires no qualification as to whether they're temporary or permanent hires as long as the employer

"employs 50 or more employees for each working day

during each of 20 or more calendar workweeks in the current or preceding calendar year;" SEC. 101 DEFINITIONS(4)(A)(ii)FMLA.

Answered on 4/10/09, 9:44 am

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