Re: Legal Advice on forced resignation Employee needs to get his/her own lawyer who understands the FMLA.
To Velo's point, the FMLA eligibility requirements are that the employee have been employed for at least 12 months by the employer and that the employee have been employed for "at least 1,250 hours of service with such employer during the previous 12-month period." This comes to about 25 hours/week. There is no requirement under the FMLA that the employee be "full-time," and the opinions of state labor boards are totally irrelevant. Compliants under FMLA are brought before the federal Department of Labor and/or a federal court.
Again, the employee should contact a lawyer who understands FMLA to get a handle on his/her rights.
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Commercial Pilot - ASEL, Instrument
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