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Who Is Eligible For FMLA Leave

3/1/2026

Certain individuals that are covered under their employer's group health plan are eligible for FMLA leave. To be eligible, the individual must:
  • Work for a covered employer
  • Have worked at least 12 months (not necessarily consecutively)
  • Have worked at least 1,250 hours in the past 12 months
  • Work at a location with 50+ employees within a 75-mile radius
Tip: Reassess eligibility with each new leave request. In addition to FMLA, ensure you are compliant with the Pregnant Workers Fairness Act when handling leave for expecting employees. Suggestion: Use the FMLA Training & Certification Program to determine that the employee is eligible for FMLA leave before approving leave.
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