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:
- 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);
- Have been employed for 1,250 hours of service during the 12 months prior to the commencement of leave; and
- 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).