This Bulletin is part of an ongoing series by Kraeber Law Office to provide helpful hints about developments in the law that could be relevant to your business.
DID YOU KNOW?
1. Family Medical Leave Act
Under the federal Family and Medical Leave Act (FMLA), covered employers are required to provide unpaid job-protected leaves of absence for qualifying reasons such as an employee’s own serious health condition, to care for a qualified family member’s serious health condition, baby bonding, pregnancy-related disability, or other qualified reasons.
2. Family Medical Leave Act - Eligibility
To be eligible for Family and Medical Leave Act leave, an employee must meet two key requirements:
- Be employed at a worksite with 50 or more employees within a 75-mile radius.
- Have worked for the employer for at least 12 months and completed 1,250 hours in the 12 months prior to the leave request.
3. Family Medical Leave Act - Remote Worker Eligibility
To assess eligibility for FMLA leave, count all employees associated with your primary worksite, including remote workers who report to that office.
Consider this example:
- 40 employees at your main office in California
- 5 remote employees based in Oregon (reporting to the California office)
- 5 remote employees in Nevada (also reporting to the California office)
In this breakdown, the total employee count would be 50, meeting the threshold for FMLA eligibility. Any employee requesting FMLA leave from these locations would qualify, as they are part of the overall count.
Contact us with any questions or concerns. We’re here to help.\
Rhonda Kraeber