I’ve had some medical issues and missed work for appointments have had several appointments. Our employer is headquartered in Japan, but only has 10 employees at our location here in the USA. Can I still use FMLA to protect my job?
Steve Duggan replies:
I’m sorry, but you probably can’t rely on the FMLA for protection. To be subject to the Family and Medical Leave Act, an employer must have 50 or more employees within 75 miles of a worksite in the US. It doesn’t appear that your employer meets that test and therefore the law does not apply to it, or you. However, that does not mean you are without protection. Depending on the issue, Workers Compensation laws in the State where you work and/or federal or state disability laws may also provide protections for your absences. You should consult with a local employment law attorney.
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