Eligibility Criteria for Employees
In order to qualify for FMLA an employee must meet the following requirements:
- Employed by an employer of at least 50 employees within 75 miles of the worksite, and
- Must have been employed by the same employer for at least 12 months and must
have worked at least 1,250 hours during the 12 months proceeding the leave.
Law Covers Public & Private Sectors
Although FMLA is provided to federal civil services employees, state and local government
employees, and congressional employees, other “local educational agencies” are allowed
to limit family and medical leave that is provided to teachers and other instructional
employees.
Certification May Be Required
If a leave request is based on an employee’s serious health condition, or a family
member's serious health condition, the employer may request in writing, certification
from a health care provider that the condition sustains the need for leave.
Health Insurance Coverage Must Be Maintained
If an employer provides health insurance, it must maintain coverage under its group
health plan for any employee who is out on FMLA for the duration of the leave and
at the same level of coverage as if no leave had been taken.
Employers Covered by FMLA
The FMLA covers any private employer that employs 50 or more employees during each
working day for 20 or more weeks in the current or proceeding year. Public employers
are also covered, although the 50-emploee-coverage threshold does not apply to them,
it does apply to employee eligibility.
Contents of the Act
- General Requirements for Leave
- Leave for Civil Service Employees
- Commission on Leave
- Miscellaneous Provisions
- Coverage of Congressional Employees
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