To qualify for FMLA leave, your employer must be covered by the FMLA. Generally, employers with 50 or more employees within a 75-mile radius of an employee’s worksite are covered employers. If the employer is covered by the FMLA, the employee requesting leave under FMLA must have worked for the employer for one year and have worked at least 1250 hours during the prior 12 months.
Once established that the employer is a covered employer and the employee is qualified for FMLA, an employee can apply for FMLA leave to be taken continuously or intermittently depending on health needs. In every case, there are detailed procedures that must be followed correctly to ensure protection under the FMLA.
If you have questions about qualifying for FMLA leave, if you have been denied leave to which you believe you are entitled, if you have been denied your job restoration rights, or if you have suffered retaliation for requesting or taking FMLA leave, please call (470) 823-4000.