Employers have at least one favorable provision with FMLA by Ann Bowden-Hollis

Explore:  Eligibility FMLA

Originally published in The Journal of South Mississippi Business • December 2012.

Nearing the end of a year lends itself to consideration of what is left to do and what might be coming up in the new year. In terms of the Family and Medical Leave Act of 1993, a few thoughts come to mind.

Generally, private businesses with 50 or more employees on the payroll are subject to requirements of the FMLA. Public employers are covered regardless of the number of employees; school employers have special rules.

Under the FMLA, eligible employees of covered employers are entitled to up to 12 workweeks of job-protected FMLA leave in a 12-month period for specified reasons: serious health condition of employee or covered family members and childbirth and care of a newborn, newly adopted or new foster child. Other provisions flesh out the parameters and requirements of the leave, and special provisions address leave for employees with covered family members in military service. Eligible employees are those who have worked for the same or successor employer for at least 12 months, which are not consecutive, and in the most recent 12 months prior to the leave starting, have worked at least 1,250 hours.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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