Employee Eligibility

Based on your selections, it appears the employee is eligible under the FMLA.

To be eligible, 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.

* Pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA), the period of absence from work due to or necessitated by USERRA-covered service counts toward the employee's eligibility under the FMLA. (See information on USERRA.)

Continue to the Main Menu to learn more about employer and employee rights and valid reasons for leave under the FMLA.

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