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What qualifies you for FMLA?

The Family and Medical Leave Act (FMLA) allows employees covered by the law to take family 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.

You must meet the following criteria to be eligible for FMLA leave.

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 family leave which includes:

  • The birth of a child of the employee and in order to provide care for such child.
  • An adoption of a child or a placement of a son or daughter with the employee for foster care.
  • To care for a family member (spouse, child, or parent) of the employee with a serious health condition such that it makes the employee unable to perform the normal 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 may 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 childcare or care for a covered servicemember with a serious injury or illness.

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