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Family & Medical Leave Act (FMLA)

The Requirements To Qualify For FMLA Leave

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Basically, the FMLA only applies to employees who meet all of the following criteria, each of which are described in more detail in The Requrements To Qualify For FMLA Leave

  • Employees who work for employers with 50 or more employees who work within 75 miles of each other AND
  • Who have been employed with the employer: 
    • For a minimum of 12 months
    • Who have worked for the employer a minimum of 1,250 hours during the last 12 months. Work during the last 12 months does not have to be consecutive. There can be breaks. AND
  • Who need time off because of their own serious health condition or employees who need time off to care for an ill parent, spouse or child.  
    • Any legal relationship to a child qualifies, including step children and adopted children.
    • Adult children do not qualify as a reason for permitted time off.

The FMLA does not generally apply to franchises because each location is owned by a different employer. It would apply if one employer owns franchises within 75 miles of each other that employ a total of 50 or more employees.

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