are part time employees eligible for fmla?
Special leave entitlement, through FMLA, allows employees, who are eligible, to take a maximum of 26 weeks of leave to take care of a family member who is a covered service member during a single 12-month period. Tags: FMLA and part time employees. This entry was posted on Monday, August 11th, 2014 at 11:04 am and is filed under Labor Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. Employers who limit part-time employees to 20 hours a week, which is half of the standard 40-hour full-time week, thus render those employees ineligible for FMLA leave. Thus, the FMLA eligibility criteria are not based on full time or part time status but on the number of hours an employee works. A part time employee taking FMLA leave in a single block of time is entitled to 12 workweeks of leave regardless of the number of hours typically worked in the workweek. FMLA Basics. Employees are considered to be eligible for FMLA leave if they have worked a minimum of 1,250 hours for a covered employer. Employees, to be deemed eligible for FMLA leave, must also work for at least one year at a site where at least 50 employees of the same employer are working within 75 miles. Definition. The interpretation of hours worked might be key to determining a part-time employee's eligibility for FMLA leave. According to federal regulations, employers must count as time worked any hours during which an employee has to be on the employer's premises or otherwise on duty. The federal Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 workweeks within a 12-month period of job protected, unpaid leave to care for newborns, newly adopted children and seriously ill family members, or to recover from their own serious illnesses. Part-time employees who do not qualify for FMLA leave might be eligible for a certain amount of paid sick leave in accordance with their employer's policy. However, federal laws do not require employers to provide sick leave. Save. The Family Medical and Leave Act is a federal law granting 12 weeks of unpaid, job-protected leave per year to eligible employees. Eligibility depends in part on how many hours an employee has worked during the previous 12 months, meaning part-time employees might not be able to take FMLA time. Employers and employees should keep accurate records of employees' hours to verify FMLA eligibility. An FMLA eligible employee is one who: works for a covered employer; has worked for the employer for at least 12 months; has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave; and works at a location where the employer has at least 50 employees within 75 miles.
Yes