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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37842
Experience:  Retired (mostly)
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A manager faxed in a Dr. note stating that she needs to be

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A manager faxed in a Dr. note stating that she needs to be out of work until a cardiac test is performed. Two weeks later she faxes another Dr. note that does not clear her to come back to work for another 2 weeks. The employee does not qualify for FMLA based on the fact that our location does not have at least 50 employees within a 75 mile radius.

The company is suffering a hardship without this manager. Would it be unlawful to separate?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
The FMLA, and its California analogue: CFRA, require 50 employees within a 75 mile radius of the worksite as a condition of providing benefits. This is a "bright-line" rule. Title 2 Ca. ADC § 7297.0(d).

Hope this helps.

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