How long do I need to be employed in order to qualify for leave under the revised Family and Medical Leave Act (“FMLA”)?
You must be employed by a covered employer, you must work at least 1,250 hours in the 12 months prior to your leave, you must work at or within 75 miles of a location where at least 50 employees work, and you must be employed for at least 12 months in order to qualify for FMLA leave. However, your 12 months does not have to be consecutive, although employment periods that are 7 or more years ago do not count, unless the periods were due to military obligations or the terms of a written agreement, such as a collective bargaining agreement.
Other Labor and Employment FAQs
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Q:
Can I take leave from my job under the revised Family Medical and Leave Act (“FMLA”) if I am pregnant or give birth to a child?
A: Yes. As long as your employer is subject to FMLA, you are entitled to take up to 12 weeks of leave for health conditions related to your pregnancy and/or … More -
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Can a father take leave from his job under the revised Family and Medical Leave Act (“FMLA”) for the birth of his child?
A: Yes. As long as his employer is subject to FMLA, a father can take up to 12 weeks of leave for the birth of his child and to care for his spouse who is … More -
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Can I take leave from my job under the revised Family and Medical Leave Act (“FMLA”) if I am sick?
A: You qualify to take up to 12 weeks of leave under the FMLA if you are suffering from a chronic serious health condition that has left you incapacitated, or for which … More -
Q:
What is a chronic serious health condition under the revised Family and Medical Leave Act (“FMLA”)?
A: In order for an illness or health condition to count as a chronic serious health condition under the FMLA, the condition must require periodic treatment by a … More -
Q:
What is a serious health condition under the revised Family and Medical Leave Act (“FMLA”)?
A: A serious health condition is an illness or other medical condition, which may be mental or physical, that requires either inpatient care or continuing treatment by a … More -
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What is continuing treatment under the revised Family and Medical Leave Act (“FMLA”)?
A: Continuing treatment generally involves incapacity due to a medical condition for at least 3 days while being treated by a healthcare provider, or certain other types … More -
Q:
Do missed work periods due to my National Guard duty count against my eligibility under the revised Family and Medical Leave Act (“FMLA”)?
A: No. Your employer must consider the time periods during which you would have worked but for your military service in computing your eligibility under the revised … More -
Q:
What sort of notice are employers required to give employees about the revised Family and Medical Leave Act (“FMLA”)?
A: Employers must post general information about the FMLA in the workplace where employees will see it, as well as information about how to file a FMLA … More -
Q:
How quickly does my employer have to let me know if I am eligible to take leave under the revised Family and Medical Leave Act (“FMLA”)?
A: Except in extraordinary circumstances, your employer must decide whether you are eligible to take leave under the FMLA within five business days of the date that you … More -
Q:
Do I have to give my employer documentation of my eligibility to take leave under the revised Family and Medical Leave Act (“FMLA”)?
A: When your employer decides whether you are eligible for FMLA leave, your employer must also give you information about the requirements to take FMLA leave, such as … More
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Attorneys In Your Area
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Ralph C. Pond, Attorney at Law
Seattle, WA
866-306-6478
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Backstrom & Heinrichs, Attorneys at Law, A Professional Corporation
San Diego, CA
866-729-1718
Free Consultation