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elaws - employment laws assistance for workers and small businesses

- Family and Medical Leave Act Advisor

Employee Eligibility - How does an employee become eligible to take FMLA leave?

The benefits and protections of the FMLA apply only to eligible employees of covered employers. We can now determine eligibility for an employee whose employer is covered by the FMLA.

How long has the employee worked for the employer?

Notes:

The 12 months do not have to be consecutive.
Special rules apply to employees returning from USERRA-covered service.

If you have already determined employee eligibility, you may continue directly to the Main Menu. However, you should note that eligibility may be re-tested in certain circumstances. If you are unsure of eligibility, please answer the question above instead of skipping to the Main Menu.

If you need more information to determine if the employee has worked for the employer for 12 months, see Employee Eligibility.