be eligible for FMLA (Family and Medical Leave Act) leave, you must meet certain criteria. The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. Here are the key eligibility requirements
Covered Employer
The FMLA applies to private sector employers with 50 or more employees, public agencies (including local, state, and federal employers), and public or private elementary or secondary schools.
Eligible Employee
To be eligible for FMLA leave, you must meet the following criteria
a. Worked for the employer for at least 12 months
You must have worked for the employer for at least 12 months, which need not be consecutive. However, the time spent as a seasonal or temporary employee generally does not count towards the 12-month requirement.
b. Worked at least 1,250 hours
You must have worked at least 1,250 hours during the 12-month period immediately preceding the start of the FMLA leave. This means you must have worked an average of 24 hours per week for 52 weeks.
c. Worked at a location with 50 or more employees
You must have worked at a location where the employer has at least 50 employees within a 75-mile radius. This requirement ensures that the FMLA applies to larger employers and not just small businesses.
Qualifying Reasons
FMLA leave can be taken for the following reasons
a. Birth and care of a newborn child.
b. Placement of a child for adoption or foster care.
c. Care for a spouse, child, or parent with a serious health condition.
d. Your own serious health condition that makes you unable to perform your job.
e. Any qualifying exigency arising out of the fact that your spouse, child, or parent is a covered military member on active duty.
It’s important to note that FMLA leave is unpaid, but you may be able to use accrued paid leave (such as sick or vacation time) during your FMLA leave to receive compensation.