Section 2 Generally

• Library: Employment Discrimination 2008

For an employee to be covered by the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601 et seq., three requirements must be met:

1. During the preceding 12 consecutive months, the employee must have completed at least 1,250 hours of work for the employer from whom leave is requested

2. The employee must have been employed by the employer for at least 12 months

3. The employer must employ 50 or more employees within a 75-mile radius of the worksite where the employee works

29 U.S.C. § 2611(2)(A) and (4)(A)(i).

The FMLA requires the determination of whether a particular employee meets those requirements to be based on the “legal standards” established under 29 U.S.C. § 207 of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq. 29 U.S.C. § 2611(2)(C). The eligibility determination must be made at the time of the commencement of leave. 29 C.F.R. § 825.110(d).

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