FMLA eliminated?

[homebirthmama]

What is the name of your state (only U.S. law)? Virginia

A fried of mine in Virginia is due on November, and the company where she works hasn't have the 50 employees required to enforce compliance in several years, retirements, not firings. She just found out yesterday that her company is eliminating the FMLA.

Since the FMLA was in place before she got pregnant, is her employer required to go ahead and follow through with complying for her? The condition that would make her need to take this time off existed before the FMLA was dropped.

 

[mlane58]

If her employer doesn't have the 50 employees needed to comply with FMLA, then there isn't a "FMLA" to be eliminated.

 

[cbg]

FMLA eligibility is set by Federal law. If they do not meet the requirements, they not only can, but they must, "eliminate" it. They may not legally provide FMLA if they do not meet the eligibility. They may, if they choose, provide some form of leave but it will not be FMLA and will not provide FMLA protections.