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Compliance Assistance Resources

elaws - employment laws assistance for workers and small businesses

- Family and Medical Leave Act Advisor

Employee Eligibility

How many hours of service has the employee worked for this employer during the 12 months prior to the start of the leave?


The hours of service are counted for the 12-month period immediately preceding the leave and generally must be actual hours worked by the employee. Hours the employee is on leave (paid or unpaid) do not count toward hours of service.

Special rules may apply to employees returning from USERRA-covered service.

If you need more information in determining the hours of service requirement, see Employee Eligibility.