The FMLA covers most government and private employees. To receive FMLA leave, you must meet the following qualifications:
- You work for an employer with 50 or more employees;
- You have worked for at least 12 months prior to the request for leave (the 12 months need not be consecutive); and
- You have worked at least 1,250 hours in the 12 month period preceding the leave (this comes out to be slightly more than part time work, that is, at least 24 hours per week for 52 weeks, or 40 hours per week for 31 weeks out of the year).
Exceptions
Certain highly paid, "key" employees may be denied reinstatement to work after FMLA leave. A key employee must be among the highest paid ten percent of the employer's salaried workforce (within 75 miles of the worksite). In order to deny reinstatement after FMLA leave, the employer must: 1) notify the employee of his/her status as a "key" employee when the request to take FMLA leave is made; 2) notify the employee as soon as the employer decides to deny job reinstatement and explain his/her reasons for denying job reinstatement; 3) offer the employee a reasonable opportunity to return to work from FMLA leave after giving the above notice.
Individuals who would have been laid off or terminated despite FMLA leave (such as in a general layoff) may also be denied reinstatement to work after taking FMLA leave. In certain situations, an employer may require a "certificate of fitness for duty" for an employee who has had a serious health condition to return to work. Reinstatement may be denied until an employee has presented this certificate.
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