Determine If an Employee Meets FMLA Eligibility Requirements
When to Use This Flowchart
Use the Determine If an Employee Meets FMLA Eligibility Requirements flowchart when an employee requests time off that may qualify for job-protected leave under the federal Family and Medical Leave Act (FMLA). The FMLA requires covered employers to provide eligible employees up to 12 workweeks of unpaid leave for, among other things, the birth or adoption of a child or the care of a seriously ill child. An employee must meet specific eligibility requirements in order to be covered by the FMLA.
This flowchart walks a covered employer through the employee eligibility requirements when an employee requests FMLA leave.
- Has the employee worked 12 total months as of the date leave begins?
- Has the employee worked 1,250 hours during the 12 months prior to leave?
- Does the employee work at a location with at least 50 employees within 75 miles when leave is requested?
- Comply with notice requirements.