FMLA’s eligibility requirements have exceptions

Q         An employee who has requested Family and Medical Leave Act (FMLA) leave has been with us for only 11 months but has worked 1,908 hours in that time. Does he have to meet both the 12 months of employment and the 1,250 hours to be eligible for FMLA?

Yes, FMLA eligibility requires an employee to be employed for at least 12 months and have worked 1,250 hours during that 12-month period. But there are exceptions.

Employees can meet the 12-month period if they have worked for the employer a total of 12 months within the past seven years under certain circumstances outlined in the federal regulations. Generally, this exception applies if they have fulfilled a covered military service obligation or if a written agreement exists showing an employer’s intent to rehire an employee after a break in service.

Courts have also interpreted the term “employee” to be broadly inclusive of individuals who have worked in a part-time or temporary capacity before being hired full time or have spent time working for a predecessor company before it was bought by the current employer.

Additionally, be aware that the 12-month employment requirement is determined by the leave-commencement date. If the employee has provided you with notice of an intention to take FMLA leave once he reaches the 12-month mark, he will have met both requirements by the time he needs leave and is therefore eligible.