As an employee discrimination lawyer residents can rely on can tell you in more detail about, if eligible, employees have a right to take a leave of absence from work for up to 12 weeks per year under the Family Medical Leave Act (FMLA), either to care for themselves or a covered family member for a covered condition. It may not always be clear who is eligible for FMLA and who is not, and employers may not know or be willing to clarify rules related to eligibility, so below is an FAQ that can shed some light on some of the more technical aspects of FMLA eligibility:
Am I eligible for FMLA?
To be eligible for FMLA to care for either yourself or a covered family member for a covered condition, all 3 of the following requirements must be met:
(1) There must be 50 or more employees within 75-mile radius of your worksite.
- Part-time, temporary, seasonal, and full time employees usually count toward the 50-employee minimum.
- Employees listed on payroll, employees on leave of absence, and employees who are suspended usually count toward the 50-employee minimum.
- Ex-employees, volunteers, and employees stationed outside the US usually do not count toward the 50-employee minimum.
- A personal residence does not count as a worksite.
- Remote employees will be deemed to work at the office to which they report or the office from which they receive assignments.
(2) You must have worked for your employer for at least 1 year prior to taking FMLA.
- Any combination of 52 weeks will usually meet the 1-year requirement.
- Weeks of service more than 7 years old may not be counted toward the 52 week requirement unless certain exceptions apply.
(3) You must have worked at least 1250 hours in the preceding year.
- 250 hours is part-time, about 24 hours per workweek.
- Hours worked need not be consecutive to be counted.
- All paid work hours count, including regular time and overtime.
- Paid time off (PTO) is not counted.
- Employees on leave for military service should be credited with hours they normally would have been scheduled had they been at work.
- Hours worked by airline flight crew are subject to special rules.
Who is a covered family member?
FMLA covers parents (both mothers and fathers) in families bonding with a new child, and also covers care of a spouse, son, daughter, or parent with a serious health condition or exigency arising from covered military duty.
- Covered family relationships include adoptive, step, and foster parents and children under 19, as well as legal wards under 18 and guardians.
- A child who is 18 or older with a serious medical condition may still be a covered family member if they are disabled and incapable of caring for themselves.
If you aren’t certain whether FMLA is available to you where you work, or if you have been denied FMLA but believe you were eligible, please don’t hesitate to contact an employment attorney to discuss your rights.