FMLA Requirements

FMLA stands for Family and Medical Leave Act, and it provides certain rights to employees for leave. This leave can be up to 12 weeks of unpaid leave, and employees protect their job during this time. In addition, the employees can also keep benefiting from the opportunities provided by their job during the leave.

We have discussed the FMLA eligibility requirements for both employees and employers in this guide. Continue reading to find out more about this subject and determine if you meet the requirements or are eligible.

FMLA Requirements Eligibility

Of course, not everyone is eligible to benefit from the FMLA opportunities. First of all, as you might guess, employees must work for a covered employer to benefit from this act. In addition, employees should have worked for 12 months at the company on the day they requested the FMLA leave.

However, working for 12 months will not be enough to avoid the misuse of the system. You need to have worked at least 1,250 hours in that company for the last 12 months. The only exception here is airline flight crew employees.

Moreover, employees must work at a location where their employer employs at least 50 employees. The maximum distance here is 75 miles. For example, if you are going to work in one of the branches of your company and it employs only 10 employees, and the closest location that employs more than 50 employees is 80 miles away, you cannot benefit from the FMLA leave.

It is worth noting that your work schedule must be consistent as well, and you need to be a full-time employer to benefit from FMLA leave. If you meet all these conditions, you can request FMLA leave whenever you need it.

Upon your request, your employer will give you notifications and certifications to request additional information about the reason for your leave. Your employer will also notify you about your general rights and what may happen if you fail to meet these obligations.

FMLA Requirements for Employers

The FMLA requirements for the employer are pretty straightforward. As the employer can operate in the private sector, it can also be a public agency or school employer. If you are a private sector employer, you need to have at least 50 or more employees who have been working for you for more than 20 weeks.

In addition, public agencies are directly covered by the FMLA and do not have to meet any requirements. This also applies to local educational agencies such as public school boards, private elementary and secondary schools, and public elementary and secondary schools.

Once the employer meets the requirements, the employer will be counted as an FMLA employer even though the number of employees will decrease during the year. However, the employer will be expected to meet the requirements again in the next calendar year.