Key Takeaways:

  • FMLA eligibility requirements include 12 months of employment, 1,250 work hours, and a 50-employee minimum within a 75-mile radius.
  • FMLA provides 12 weeks of unpaid leave for specific medical and family-related reasons while protecting job security.
  • Additional details on federal employees and FMLA clarify how government workers qualify for leave.
  • Military family provisions offer special leave options for active-duty service members and their families.
  • State-specific FMLA variations exist, particularly in states like California, which offer extended protections.
  • Employer compliance obligations require specific notices and responses to leave requests.
  • Employees' rights and legal recourse include protections against retaliation and the right to file complaints.

What Are FMLA Eligibility Requirements?

FMLA eligibility requirements cover leave under the Family and Medical Leave Act (FMLA). To receive benefits under the FMLA, an employee must have been employed by a company for 12 months, worked at least 1,250 hours during that period, and the employer must have at least 50 employees within a 75-mile radius of the worksite.

The FMLA is a federal law that ensures certain employees will get up to 12 workweeks of unpaid leave each year without the threat of job loss. Employers can suspend benefits like paid time off (PTO) for employees on leave, but they cannot deny group benefits that are provided by the employer. This is very important for those who are taking leave due to health issues.

Before they decide to take FMLA leave, employees can use paid time off, parental leave, or other time-off benefits. This is usually beneficial for employees as it means they can still bring in some income.

After a request for FMLA leave, an employer must give FMLA eligibility notice within five business days. Along with this notice, they must provide a notice outlining FMLA-related rights and responsibilities to employees who are approved for time off. It must also include the employee's right to full reinstatement once they return.

FMLA for Federal Employees

Federal employees are subject to different FMLA eligibility standards. While private sector employees must meet the standard 12-month and 1,250-hour work requirements, federal employees qualify if they have completed at least 12 months of service in a covered agency. Unlike private employers, federal agencies do not need to meet the 50-employee threshold. However, certain agency-specific policies may impose additional requirements.

Additionally, federal employees may have access to expanded benefits under agency policies, including alternative leave programs that supplement unpaid FMLA leave​.

FMLA Eligibility

Who Is Covered?

Not every employee is eligible for FMLA leave. The following specific requirements apply:

  • An employee must have been employed with the company for 12 months. These do not need to be consecutive, but breaks of seven years or more are not counted unless they were spent on military obligations.
  • An employee must have worked at least 1,250 hours during the 12 months prior to the start of the leave. This does not include vacations, holidays, sick days, or any other day where an employee was not working.
  • An employee must work for an employer who employs 50 or more employees within a 75-mile radius of the worksite for private sector organizations. Public sector organizations do not have to adhere to this rule.
  • An employee can only take FMLA leave for family related matters that involve their spouse, child, or parent.
  • An employee cannot be an elected official at any level of government.

Medical certification may be requested where serious health conditions prevent employees from doing their essential job functions. If you cannot provide this information, your leave may be cut short. If you provide medical certification, the employer cannot require you to return to work, even if only for part-time or light-duty work.

FMLA and Military Families

The FMLA includes provisions for military families, allowing additional leave for specific circumstances:

  • Qualifying Exigency Leave – Employees can take up to 12 weeks of leave if a spouse, child, or parent is on active duty or has been called to deployment.
  • Military Caregiver Leave – Up to 26 weeks of leave is available to care for a covered service member with a serious injury or illness.

Employers must grant these leave requests and cannot penalize employees for using them​.

Can I Lose My Job Under FMLA?

FMLA is a modified version of the employment-at-will doctrine that governs many employee-employer relationships in the United States. Therefore, it is similar to other labor laws, such as ones that prohibit discrimination based on protected status. Employment-at-will is a doctrine that allows employers and employees the right to terminate their relationship at any time, for any reason.

Without FMLA, an employee who takes up to 12 weeks off may face termination, but with FMLA, those who take leave for a qualifying reason must be reinstated to their previous position with the same pay grade, benefits, and responsibilities. Employers can sometimes deny reinstatement to high-paid executives who are considered to be important employees.

An employee cannot be fired if they file a complaint against their organization for violating FMLA. If an employee was eligible for a bonus, an employer cannot use FMLA leave as an excuse not to pay out the bonus. However, the employer does not have to include the leave period as time accrued toward a bonus or seniority.

Employer Responsibilities and Compliance

Employers covered by FMLA must:

  1. Provide Notice – Inform employees of their FMLA rights within five business days of a leave request.
  2. Maintain Health Benefits – Continue group health insurance coverage under the same terms as if the employee were working.
  3. Reinstate Employees – Ensure employees return to the same or an equivalent position.

Failure to comply with these responsibilities may result in legal penalties, such as compensation for lost wages or orders for reinstatement.

Reasons for FMLA Leave

Someone may request FMLA leave for the following reasons:

  • Preparing for the birth of a child
  • Caring for a newborn child
  • Placement of a child through foster care or adoption
  • Caring for a spouse, child (some limitations apply for children over 18), or parent (excluding in-laws) with a serious medical condition
  • Managing their own health condition
  • Addressing the deployment of a spouse or child called to active military duty"

An employee can use FMLA on top of parental or pregnancy leave, although they do not need to run concurrently. Pregnancy itself can be considered a serious health condition, especially if ordered to go on bed rest.

State Variations in FMLA Laws

Some states have enacted additional FMLA-related protections that go beyond federal requirements. For example:

  • California: The California Family Rights Act (CFRA) extends leave eligibility to employers with as few as five employees and includes a broader definition of family members.
  • New York: Paid Family Leave (PFL) provides partially paid leave benefits for family care.
  • New Jersey & Rhode Island: Offer temporary disability insurance and paid leave programs.

Employees should check their state laws to understand additional rights beyond federal FMLA​.

Filing an FMLA Claim

FMLA-related claims are investigated and enforced by the Wage and Hour Division (WHD). It is unlikely that an employer would fire a qualifying worker on unpaid leave, knowing that they will likely get caught. It is more likely that they violate the act in subtle ways. These can include:

  • Holding employees accountable on performance reviews for work that was not completed during their leave, which could result in termination.
  • Reinstating an employee in a lesser position.
  • Not giving a qualifying employee their request for leave.
  • Terminating employees without cause before the leave begins.

Employees can receive lost wages, bonuses, benefits, or other compensation that is attributable to the violation. If an employer denies a valid request but does not fire the employee, he or she may be eligible for expenses related to the reason for the request, such as medical bills.

If a violation resulted in termination or demotion, an employee is entitled to a position with equal or greater responsibility. Any fees incurred by the employee for legal action must be paid in full by the employer. Sometimes, this is unnecessary as the employer may choose to settle instead of going to court.

FMLA Violations and Employee Rights

Employees who believe their FMLA rights have been violated can file a complaint with the Wage and Hour Division (WHD) or pursue legal action. Common violations include:

  • Employers refusing valid leave requests.
  • Retaliating against employees for taking FMLA leave.
  • Incorrectly classifying workers as ineligible.

If an employer is found in violation, remedies may include job reinstatement, back pay, and coverage of attorney’s fees​.

Frequently Asked Questions

  1. Does FMLA cover mental health conditions?
    Yes, FMLA covers serious mental health conditions if they prevent an employee from performing essential job functions or require ongoing medical treatment.
  2. Can my employer require me to use paid leave before FMLA?
    Employers may require employees to use paid time off before starting unpaid FMLA leave, depending on company policies.
  3. What happens if my employer denies my FMLA leave?
    If an employer improperly denies leave, employees can file a complaint with the Department of Labor or seek legal action.
  4. Is pregnancy covered under FMLA?
    Yes, pregnancy and recovery from childbirth are considered qualifying medical conditions under FMLA.
  5. Does FMLA apply to part-time employees?
    Only if they meet the 1,250-hour requirement over the past 12 months.

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