I want to know if I am eligible for FMLA?

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I want to know if I am eligible for FMLA?

I recently Broke my leg and was not able to return to work. My boss said I was not eligible for FMLA and it would be best if I quit. I was fired today even though I filled out paperwork for a medical leave. I added up my hours worked today and I worked 1361.95 hours over the past year, which as I understand it, shows that I was eligible for FMLA. I need to know if I should seek legal or should I go to my boss with what I have found?

Asked on February 29, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You seem to have enough hours. Other necessary criteria for FMLA coverage to apply are:

* You must have worked for the employer for at least 12 months (that is, for example, if you worked 1,361.95 hours in the 10 months since you started employment, you are not covered; you need both enough hours and enough months)

* You must work at a location where at least 50 employees are employed by your employer within a 75-mile radius (so if your employer has less than 50 workers, for example, you cannot receive FMLA leave).

Here is a link to a helpful factsheet from the Department of Labor: http://www.dol.gov/whd/regs/compliance/whdfs28.pdf


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