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Was this employee eligible for FMLA leave?

10/28/2015

Q. We’ve received a demand letter from an attorney alleging that we violated the FMLA by failing to reinstate an employee as required by the law. The letter refers to our handbook, which the employee received, which contains our FMLA policy. It states that when the employee applied for leave, he applied for “FMLA leave.” We have several hundred employees, but the site where this employee worked has only 30 employees, and it is not located within 75 miles of any of our other sites. Therefore, it is my understanding that this employee is not eligible for FMLA benefits and the employee should not have a FMLA claim to assert. Is that correct?

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