FMLA Requirements and Eligibility

Though the FMLA is fraught with potential pitfalls, few employers have the time to pour over statutes, regulations, opinion letters, and court cases to help ensure ongoing compliance.

Learn more about FMLA with our eligibility and requirement checklists below. FMLA Manager is here to help you effectively manage employee leave.

Register Now For Free FMLA Resources


FMLA Leave Eligibility Checklist for Employers


In addition to posting general notice and educating employees on the ins and outs of FMLA, employers must be prepared for when a member of their team inevitably requests leave.

Follow the checklist below, or download our FREE infographic, to ensure you’re meeting all of your requirements under the Family Medical Leave Act.

Determine if the employee is eligible for FMLA. Assuming they are, let them know their scheduled leave qualifies immediately.

Provide a Notice of Eligibility and Rights & Responsibilities to the employee.

Determine if a medical certification is needed. If one is needed, let the employee know immediately.

Determine if the leave request is for a FMLA‑qualifying reason.

Grant or deny the leave request and provide a Designation Notice to the employee.

Maintain health benefits for the duration of the leave.

Restore the employee to the same or an equivalent position upon their return.

Keep detailed notes and maintain records properly.
 

What are the qualifying reasons for FMLA leave?


To qualify for FMLA leave, employees must meet at least one of the following criteria. Click on the reasons below to learn more.

FMLA Leave Eligibility Requirements for Employees


To be eligible for FMLA benefits, an employee must:

  • have worked at least 1,250 hours during the 12 months prior to the start of leave,
  • have worked for the employer for at least 12 months (need not be consecutive), and
  • work at a location where the employer has at least 50 or more employees within 75 miles.

Download our FREE FMLA Eligibility infographic here.