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Employment Law/Sales Reps and FMLA



We currently employ 37 Full-time employees within a 75 mile radius of our office in Texas.  In addition we have 37 sales reps that are home based and spread across the US. of the 37 sales reps they report to a home based Regional Manager who is located in their region - each Regional Manager has 7-8 reps who report to them.

Is a home based rep in Washington state (Regional Manager in Oregon) eligible for FMLA?

Janice - An eligible employee must work for an employer with at least 50 employees within a 75 mile radius, so no, your sales rep is not eligible for FMLA coverage.  I checked Washington State law, and it provides no additional sick leave rights.  I did not check about leave to care for a sick family member, so if that's the issue, write again.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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