The Requirements for FMLA Eligibility
The Family Medical Leave Act was passed in 1993 and is a federal law that provides eligible employees with certain protections regarding medical leave. FMLA requires that covered employers allow eligible employees to take up to 12 weeks of unpaid leave with continuous health coverage in the event the employee or the employee's immediate family member suffers a medical emergency.
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Covered Employer
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To qualify for FMLA eligibility, an employee must work for a covered employer. The FMLA does not apply to all employers; it applies to all federal, state and local government agencies as well as all public and private schools. In addition, the FMLA covers any organization (company or corporation) with 50 or more employees within a 75-mile radius.
Time Frame
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To be eligible for FMLA leave, an employee must have worked 1,250 or more hours in the preceding 12 months. Any employee who has not worked that many hours or for fewer than 12 months is not eligible for FMLA protections.
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Geography
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Any employee who wishes to assert protections under the FMLA must work at an organization that is located in a state or territory in the United States. In addition, the organization must have 50 or more employees within a 75-mile radius.
Qualified Medical Emergency
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In addition to the other requirements, an employee must have a qualified medical emergency. The FMLA provides for four types of qualified medical emergencies: birth of a newborn baby; adoption of a newborn baby; serious medical condition of an immediate family member for whom the employee must miss work to provide care; and a serious medical condition of the eligible employee himself that prevents the employee from working for an extended period of time.
Warning
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Contact a qualified attorney to find out what if you meet eligibility requirements for FMLA leave protections, which is subject to change.
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