Legal Question in Medical Leave in West Virginia

Additional Application of FMLA.

Can the FMLA ever be applied where the employer has LESS than 50 employees?

My son has ADD/ADHD and we cannot secure after-school child care. It has been suggested that the FMLA can be applied to modify my husband's work schedule. His employer has less than 50 employees in a 50 mile radius.


Asked on 11/05/97, 10:09 pm

1 Answer from Attorneys
Luther Sutter Harrill & Sutter

Federal FMLA Daycare ADHD as a serious helath condition

FMLA applies to 50 employees within a 75 mile radius. If this criteria is satisfied, you may be entited to federal FMLA leave. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.

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Answered on 11/06/97, 11:54 pm


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