Check out our latest podcast episode!
Click Here
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
HR Search & Rescue long logo 2

HR Search & Rescue

Northern Virginia Remote HR Consulting Firm

  • Employees
    • Bullying & Gossip
    • Discipline & Termination
    • Fair Treatment
    • Gaslighting
    • Microaggressions
    • Personal Conflict
    • Toxic Work Environment
    • Pricing
  • Employers & HR
    • Disruptive Employee
    • Employee Handbooks
    • Investigations
    • HR Compliance
    • Workplace Conflict
    • Workplace Safety Issues
    • Pricing
  • About
  • Blog
  • (844) 934-3293
  • Schedule 1-on-1

What Are The Qualifications For FMLA?

November 9, 2020, by HR Search & Rescue

employer shake employee hand after accepting FMLA leave requestThe Family Medical Leave Act (FMLA) is utilized by more than 20 million Americans every year. This congressional act has enabled millions of Americans to take time away from their jobs without the risk of being replaced.

A U.S. employee taking time off under the terms of FMLA will be unpaid, but their position will be protected for when they return.

Before opting to take FMLA, it is necessary to be aware of the different requirements for FMLA eligibility.

Requirements For FMLA Eligibility

First of all, it is important to remember that not all types of leave would qualify under the terms of the FMLA. Only a certain set of health and familial circumstances make a U.S. employee eligible to enter a formal leave notice.

Take note: some states offer greater leave benefits, with regards to pay and superior coverage. FMLA leave applies to all 50 states.

Employee Must Be With The Company For 12+ Months

Employees are only eligible to take FMLA leave if they have worked for their employer for a minimum of 12 months. For most people, this will not be much of an issue.

It also accounts for seasonal workers, as the 12-month period does not need to be consecutive.

A break in service of at least seven years will invalidate any previous service. The only exception to this rule is if the break in service was due to a prior written agreement or military service.

Employees Must Have Worked At Least 1,250 Hours

For the purposes of determining FMLA eligibility, ‘hours of service’ means the hours worked by the employee. This does not include any previous time off or vacations, whether the employee was paid during these stints of leave or not.

The 1,250-hour requirement must be met within 12 months of the start of the requested FMLA leave period.

Employer Who Employs 50+ Employees Within A 75 Mile Radius Of Worksite

Pcompany leader shake employee hand after talking about the employee FMLA leave requestublic sector workers, such as those working for schools and government agencies, are always eligible for FMLA, as long as they meet the other mentioned requirements.

Private sector employers are only required to grant FMLA leave if they employ more than 50 employees within a 75-mile radius of their primary worksite.

This can create issues because even if a company has a large workforce, a great number of their employees may be ineligible for FMLA.

For example, if a company has a primary worksite consisting of 2,000 employees, every employee here is able to claim FMLA leave. On the other hand, if a separate center in another state had only 30 employees, none of these 30 employees would be eligible for FMLA leave.

However, many larger companies may have separate internal programs in place to ensure all employees are able to take advantage of the same FMLA leave rights.

FMLA Eligibility Notice

Employees seeking FMLA leave must provide a formal notice to their employer. If possible, this should be done in advance with at least 30 days’ notice. In an emergency situation, employees should seek to inform their employers as soon as possible.

Failure to provide advance notice of a need to take FMLA leave is not grounds for a leave request to be rejected.

It is not required to inform an employer of an exact diagnosis. However, employees should provide enough information about their condition/treatment to make it clear to their employers that their illness or familial situation may be FMLA protected.

If additional FMLA leave is required, the employee must provide further details on their situation. Again, the employee is not required to reveal a named condition. They can simply tell their employer they need to attend physical therapy every Thursday, for example.

FMLA Leave Alternatives

The purpose of FMLA was to protect employees who have to take time off from being fired by their employers. If an employee is ineligible for time off, there may be alternatives available.

It is recommended the employee speak to their employer. The employer may grant unpaid time off anyway, but the employee’s position will not be legally protected.

Larger employers may offer some form of disability pay, or they may allow employees to take vacation/sick days in lieu of FMLA.

Employees should speak to their managers or HR departments for more information on FMLA leave alternatives, as every company’s policy will differ.

Reach Out To An Experienced HR Consultant Today!

after taking a FMLA leave, an employee reconnects with colleagues on her first day backThe average employee often does not understand the ins and outs of FMLA leave. The same goes for many smaller entrepreneurs who may have never encountered a situation where FMLA leave is requested before.

Ensure you are fully prepared for whatever might happen by speaking to an experienced HR consultant. They will be able to inform you of what you need to do to comply with the rules and guarantee your responsibilities are met.

Speak to HR Search & Rescue to find out more about how FMLA leave works.

Filed Under: Employee Benefits

Primary Sidebar

Ready to get started?

View Pricing

Reach Out Today!

Fill out the form below, and we will and answer any questions you have about remote HR consulting for employees or employers & HR professionals.
  • This field is for validation purposes and should be left unchanged.

Footer

HR Search & Rescue

4023 Chain Bridge Road
Fairfax, VA 22030
(844) 934-3293
Schedule A Meeting

Company

  • About
  • Blog
  • Contact
  • Pricing
  • Resources

Employees

  • Bullying & Gossip
  • Discipline & Termination
  • Fair Treatment
  • Gaslighting
  • Microaggressions
  • Personal Conflict
  • Toxic Work Environment

Employers & HR Professionals

  • Disruptive Employee
  • Employee Handbooks
  • Investigations
  • HR Compliance
  • Workplace Conflict
  • Workplace Safety Issues

© 2023 HR Search & Rescue · Powered by 321 Web Marketing · Website Privacy Policy & Terms of Use