Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
She could be covered under the FMLA because employment laws only ever set the floor of rights, not the ceiling. So, an employer can always personally choose to grant more rights that is required by law and that will be completed legal, but they can not grant fewer rights than required by law.
The same idea is true when you talk about the minimum wage. An employer is allowed to pay more. Obviously, that is more clear because the law states that it is the "minimum" but the concept is legally true with all rights allocations by the government. An employer can always do more.
So, she can be covered by FMLA because your employer chose to cover her by FMLA, even if she wasn't legally entitled to it.
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