Eligibility Refresher
Employees qualify for FMLA after 12 months of service, 1,250 hours worked, and employment at a location with 50 employees within 75 miles. Track these metrics in your HRIS so you can issue notices on time.
Required Notices
- General notice/poster: Display the DOL poster in the workplace and intranet.
- Eligibility/rights notice: Provide within five business days of a leave request.
- Designation notice: Confirm whether leave is approved and count it against the employee's 12-week entitlement.
Documentation Habits
- Maintain consistent medical certification procedures and second-opinion processes.
- Coordinate FMLA with PTO, short-term disability, and state paid leave programs to prevent overpayment.
- Communicate return-to-work expectations early, including fitness-for-duty certifications when applicable.
By creating a documented workflow for intake, tracking, and communication, HR teams can grant job-protected leave while minimizing disruption to operations. For employee benefits and health coverage that support your workforce, contact us.
Frequently Asked Questions
What are the FMLA eligibility requirements for employees?
To qualify for FMLA leave, an employee must have worked for the employer for at least 12 months, logged at least 1,250 hours during the 12 months before the leave request, and work at a location where the employer has at least 50 employees within a 75-mile radius. The 12 months of service do not need to be consecutive, but employment gaps of more than seven years generally do not count.
How many weeks of leave does FMLA provide?
The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period. FMLA leave can be taken for the birth or adoption of a child, to care for a spouse, child, or parent with a serious health condition, or for the employee's own serious health condition. Military caregiver leave provides up to 26 weeks in a single 12-month period.
Does FMLA apply to small businesses?
FMLA applies to private employers with 50 or more employees within a 75-mile radius. Small businesses with fewer than 50 employees are generally not required to provide FMLA leave. However, many states have their own family and medical leave laws with lower employee thresholds. Employers should check their state's specific leave requirements to determine whether additional obligations apply.
Can an employer deny FMLA leave?
An employer can deny FMLA leave only if the employee does not meet the eligibility requirements or if the reason for leave does not qualify under the FMLA. Employers can also deny leave if the employee fails to provide adequate notice or does not submit the required medical certification. Employers cannot deny leave to retaliate against an employee for requesting it, and doing so can result in legal liability under federal law.
Is FMLA leave paid or unpaid?
FMLA leave is unpaid under federal law. However, employers can require employees to use accrued paid time off (PTO), sick leave, or vacation days concurrently with FMLA leave. Some states have paid family leave programs that provide partial wage replacement during FMLA-qualifying absences. Employers should coordinate FMLA with any applicable state paid leave programs and short-term disability policies.
What notices must employers provide under FMLA?
Employers must provide three types of FMLA notices. The general notice (workplace poster) must be displayed in a visible location. The eligibility and rights notice must be provided within five business days of a leave request. The designation notice must confirm whether the leave is approved and inform the employee that it will count against the 12-week FMLA entitlement. Failure to provide timely notices can expose employers to Department of Labor enforcement actions.
Does an employer have to hold a job during FMLA leave?
Yes, FMLA requires employers to restore an employee to the same position or an equivalent position with the same pay, benefits, and working conditions upon return from leave. An equivalent position must have substantially similar duties, skill requirements, and authority. The only exception is for "key employees," defined as salaried employees in the highest-paid 10% of the workforce, where restoration could cause substantial economic harm to the employer.
Can FMLA leave be taken intermittently?
Yes, FMLA leave can be taken intermittently or on a reduced schedule when medically necessary. Intermittent leave allows employees to take leave in separate blocks of time rather than one continuous period. Examples include taking a few hours off for medical appointments or working a reduced schedule during recovery from a serious health condition. Employers may temporarily transfer the employee to an equivalent position that better accommodates intermittent leave.