Which Employees are Eligible for Leave Under the Family and Medical Leave Act?

Employees are eligible for leave under the Family and Medical Leave Act (FMLA) if they:

  1. Have been employed for at least 12 months (the 12 months need not be consecutive, but employment periods prior to a break in service of 7 or more years do not count);
  2. Have been employed for 1,250 hours of service during the 12 months prior to the commencement of leave; and
  3. Are employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

See 29 U.S.C. § 2611(2).

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on June 1, 2011, in Family and Medical Leave Act and tagged . Bookmark the permalink. Leave a comment.

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