A question that frequently comes up is, "Who is eligible for leave under
the Family and Medical Leave Act (FMLA)?" While this seems a simple enough
question, it becomes more complex as we dig into it.
Generally, any employer that has 50 or more employees for each working day
during each of 20 or more workweeks in the current or proceeding year is covered
by the FMLA. Counties, however, don't have to be concerned with this requirement
since the FMLA says that all public agencies, which includes states and their
political subdivisions, are covered employers without regard to the number of
employees they have.
If the employer is covered by the FMLA, anemployee must still meet the
eligibility requirements before being allowed to take leave under this act. To
be considered for FMLA leave, an employee must
- have been employed by the current employer for at least 12 months (not
necessarily consecutive months);
- have been employed for at least 1250 hours during the 12 month period
immediately preceding the start of leave; and
- be employed at a worksite where 50 or more employees are employed by the
employer within 75 miles of that worksite.
In calculating whether an employee has worked at least 1250 during the
preceding 12 months, hours of service are determined by the principles
established under the Fair Labor Standards Act (FLSA) for determining
compensable work hours.
In determining if an employee meets the 12 months' employment and the 1250
hours of work requirements, the employer needs to look at the date the leave is
intended to start; not the date the request for leave is made.
As mentioned earlier, all counties are covered by the FMLA regardless of the
number of employees they have. This, however, does not remove the requirement
that an employee work at a worksite where 50 or more employees are employed by
the county within 75 miles to be eligible to take FMLA leave.
In determining if an employee works at a worksite where 50 or more employees
are employed by the county within 75 miles, the county as a whole is viewed as
one employer. For example, an employee in the treasurer's office asks for leave
under the FMLA. The treasurer may only have a few employees in hisor her office
but, since the county employs 50 or more people within 75 miles of the
treasurer's office, the employee requesting leave still meets the 50-employee
requirement.
Of course, being eligible to take leave under the FMLA only applies when a
qualifying event occurs. The four qualifying events are:
- The birth of a child and to care for the newborn child;
- The placement of a child with the employee for adoption or foster care;
- To care for the employee's child, spouse, or parent with a serious
health condition: or
- The serious health condition of the employee that prevents him or her
from performing the essential functions of his or her job.
The maximum leave allowed in the employer's designated 12-month period is 12
weeks for any single or combination of these qualifying events. Men are also
allowed to take FMLA leave for child care purposes.
Full information on the regulations that apply to the Family and Medical
Leave Act can be found in 29
C.F.R., Part 825 (The Family and Medical Leave Act of 1993).