Section 4 Eligible Employees

LibraryEmployer-Employee Law 2008

Employees are eligible if they have worked for a covered employer for at least 12 months and for at least 1,250 hours during the immediately preceding 12 months. 29 U.S.C. § 2611(2)(A). There must also be at least 50 employees within 75 miles of the employee’s worksite. 29 U.S.C. § 2611(2)(B)(ii). The 75-mile requirement is usually measured using surface transportation over public roads by the shortest route. 29 C.F.R. § 825.111(b).

The 12 months of employment do not have to be consecutive. If an employee is maintained on the payroll for any part of a week, including sick leave or vacation, during which other benefits were...

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