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FMLA - Employee Eligibility

To be eligible for FMLA leave, an employee must work for an employer that is subject to FMLA and must meet the employee eligibility requiremnts.

FMLA  - Employers Subject to FMLA

The FMLA applies to the following employers:

  • public agencies, including state, local and federal employers, and local education agencies (schools); and,
  • private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year - including joint employers and successors of covered employers.

FMLA - Employee Eligibility

To be eligible for FMLA leave, an employee must work for a covered employer (see above) and must:

  • have worked for that employer for at least 12 months; and 
  •  have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave;
  • and, work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

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