How to Determine FMLA Eligibility for Employees

If your business has at least 50 employees, then the Family and Medical Leave Act (FMLA) likely applies to you. But there are several factors that determine FMLA eligibility for employees.

An employee is eligible for FMLA if they:

• Work for a covered employer
• Have worked for the employer for at least 12 months total (time does need not be continuous)
• Worked at least 1,250 hours for the employer during the 12-month period immediately preceding the leave
• Work at a location where the employer has at least 50 employees within 75 miles.

If an eligible employee requests FMLA, or you have sufficient information to know that an employee has an FMLA-qualifying reason for leave, you should provide the employee with the FMLA paperwork. This must be done within five business days of determining that an absence may qualify for FMLA. The initial paperwork includes:

1. FMLA Request Form
2. Appropriate Certification Form
3. FMLA Safe Harbor Form
4. Notification of Eligibility, Rights, and Responsibilities

When providing the initial paperwork, be sure to inform the employee that they have fifteen calendar days to return the request and certification form. Once you get these back, you will formally designate the leave by providing the employee with the following forms:

1. Designation Notice
2. Benefits Continuation Letter, if the employee participates in any company-sponsored insurance plans

Looking for a way to ensure compliance with FMLA regulations? Our HCM solution may be right for you. Learn more and contact us at (518) 373-4111.