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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Are owner/employees counted when determining the number of

Customer Question

Are owner/employees counted when determining the number of employees to see if the act applies?
Is there a provision in the act that addresses an employee who is in the 10% highest paid employees and the right of the employer not to hold his job for him while he is out on leave?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your questions.

When you refer to "the act" are you talking about the Family Medical Leave Act? I very much look forward to helping you on this matter.

Customer: replied 8 months ago.
No - the ADA.
Expert:  Patrick, Esq. replied 8 months ago.

Thank you

The ADA applies to employers with 15 employees or more. Owners count as employees if they receive wages from their company. If they don't receive wages, they are not by definition an employee.

There is no exception for the top 10% of wage earners when it comes to the ADA. There is an exception for highly compensated employees under the Family Medical Leave Act, but that's not what you are asking about.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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