FMLA Guide for Employers: Eligibility and Rules
The 12-Week Safety Net
The Family and Medical Leave Act (FMLA) is the bedrock of US labor protection. It provides 12 weeks of unpaid, job-protected leave per year.
Who is Eligible? (The 50/12/1250 Rule)
Not every employee gets FMLA. They must meet three criteria:
- Employer Size: You must have 50+ employees within 75 miles.
- Tenure: They must have worked for you for at least 12 months.
- Hours: They must have worked 1,250 hours in the past year (approx 24 hours/week).
“Job Protected” Means Protected
When they return, they must get their exact job back, or an “equivalent” job with identical pay, benefits, and status. You cannot demote someone because they took medical leave.
FAQ: Compliance
Can FMLA be taken intermittently?
Yes. An employee can take FMLA in chunks (e.g., leaving 2 hours early every Tuesday for chemotherapy). You must track this down to the minute.