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elaws - employment laws assistance for workers and small businesses

- Family and Medical Leave Act Advisor

Coverage and Eligibility
To whom does the FMLA apply?

The benefits and protections of the FMLA apply only to covered employers and eligible employees. For FMLA purposes, these two terms mean very different things: employers are covered (or not covered) by the FMLA, and employees are eligible (or not eligible) under the FMLA, depending on several factors. Please note, employee eligibility may be retested at the beginning of a new 12-month period or if an employee requests FMLA leave for a different reason in the same 12-month period.

Before learning about rights and responsibilities under the FMLA, it is important to first establish employer coverage and employee eligibility under the law. To do this, select one of the links below: