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Lady Themis
Lady Themis, Attorney
Category: Business Law
Satisfied Customers: 7751
Experience:  Experienced in the practice of law.
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We run a small business with less than 40 employees. Do we

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We run a small business with less than 40 employees. Do we have to offer family medical leave to an employee. We have someone that misses a great deal of work for a child's illness and for her own personal illnesses and she wants to fill out FMLA papers. What is our legal obligation? Thanks for helping
Submitted: 8 years ago.
Category: Business Law
Expert:  Lady Themis replied 8 years ago.
Thank you for your question.

FMLA only applies to private employers with 50 or more employees, therefore, this law does not apply to you. If you offer medical leave to other employees, you would have to offer it to this employee as a matter of employer policy.

Other than that, you are not legally obligated to give the employee leave for medical reasons unless she has a disability. In that case, the ADA provides that you must give the employee leave if it would not impose an undue burden on you as an employer. An ADA disability
is an "impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment."
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