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elaws - employment laws assistance for workers and small businesses

- Family and Medical Leave Act Advisor

Employee Eligibility

Based on your selections, it appears the employee is not eligible under the FMLA. You indicated that the employee has not worked for the employer for at least 12 months.

In general, to be an eligible employee, the employee must:

  1. Work for a covered employer;
  2. Have been employed by the employer for at least 12 months;
  3. Meet the hours of service requirement during the 12-month period immediately preceding the leave; and
  4. Work at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite.

For additional information about the FMLA's eligibility criteria, see Employee Eligibility.

Please contact your nearest Wage and Hour Division office if you have additional questions about employee eligibility under the FMLA.

Continue to the Main Menu to learn more about the FMLA.

For more information on this aspect of the FMLA, see the FMLA regulations: ยง 825.110