What qualifies you for FMLA?
The Family and Medical Leave Act (FMLA) allows employees covered by the law to take leave from their job in the event of a family or medical emergency. Employees covered by FMLA cannot be fired from their position for taking FMLA-covered leave and must be restored to their previous position or a comparable position upon their return. The qualifications for FMLA coverage involve an employee meeting the following conditions.
In order to be eligible to take leave under the FMLA, an employee must meet the following criteria.
Be an eligible employee:
- Have worked for their employer at least 12 consecutive months, at least 1,250 hours over the past 12 months and work at a location where their employer employs 50 or more employees within 75 miles during20 or more calendar workweeks in the current or preceding calendar year; and
Have a qualifying reason for leave which includes:
- The birth of a son or daughter of the employee and in order to care for such son or daughter.
- The placement of a son or daughter with the employee for adoption or foster care.
- To care for a spouse, or a son, daughter, or parent, of the employee with a serious health condition. that makes the employee unable to perform the functions of their job
- Any qualifying exigency arising from the employee’s spouse, son, daughter, or parent is a military member on covered active duty. Qualifying exigencies can include making child care arrangements for the child of the service member military member when the deployment of the military member necessitates a change in the existing child care or care for a covered servicemember with a serious injury or illness.