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Long story, but because I enrolled in night school and had seized at work once, my employer decided I couldn't handle both at once and gave me the choice of either not going to school, or separating from the company with a six month severance with full benefits. I signed the severance and the right to sue for anything so this isn't about a lawsuit - I really barely understood what was happening because it happened within like a 2 hour time-frame and had JUST come out of psychiatric in-patient hospitalization 2 days earlier and my meds were still wonky. I was having a hard time distinguishing reality from hallucination/thoughts.

What I don't understand is this: I asked HR about what I'd need to do to take an FMLA leave, and he said it'd be best to give a 30 day notice, but if that's not possible come to his office anyway to fill out the necessary paperwork.

I had the seizure and some issues afterwards related, and wound up having to go on short-term disability. The company that paid the disability told me to be sure I file for FMLA, because STD pays me, but doesn't protect my job.

So, I went back to HR to talk FMLA. He then told me I didn't need to do any additional paperwork, becuase the company had fewer than 50 employees and therefore didn't have to participate in FMLA. I casually called the receptionist and asked for a current employee phone list - and I counted several times, subtracting the CFO and owners and sure enough, only 49 employees.

Days later they hired 3 new grads. My doctor, due to all my other ailments, suggested I apply for intermittent FMLA. Again, employer said they didn't do that.

We went on to hire more and more and MORE grads and eventually grew into a much larger company - how is not offereing FMLA to an exempt employee legal? I didn't realize it was something you could opt into or out of, I thought you either had to or didn't.

Again, just curious. I can't sue or anything, just curious about how that's legal and if it is.

Edited by yellowlovesgray
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I do not know the legalities of the timing. I do know that companies under 50 employees are exempt from a number of HR rules. I do think your employer took advantage of that. But I don't know what recourse you have at this point.

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