Even though all governmental public employers and all elementary and secondary schools are covered employers regardless of how many employees they have, individual eligibility requirements may still render an employee ineligible to take FMLA leave - see the following item. To be eligible, an employee has to have worked at least hours within the last 12 months; has to have worked at least 12 months' total time for the employer; and be employed at a facility at which at least 50 employees are employed within a mile radius - due to the hour requirement, many part-time employees will not be eligible for FMLA leave - however, state FMLA laws may have lower requirements - Texas does not have an FMLA-style law, so only the federal law applies.
Be careful not to promise FMLA leave to an employee who is not eligible, because the company might have to extend such leave anyway if the conditions for equitable estoppel are satisfied see the discussion of the Minard v. Time spent in military duty counts toward both the hours worked and tenure requirements - for details, see the article titled "Legal Issues for Military Leave" in this book.
On-Site Training. CBIA newsletters keep you in the loop on the issues that matter most for Connecticut. Not a member? Get 90 days of newsletters free or learn more about membership. Fighting to make Connecticut a top state for business, jobs, and economic growth. If you know you will need to take leave in less than 30 days, you should tell your employer right away.
If you have to take leave for something you did not know about ahead of time, you should tell your employer as soon as possible. When you ask for FMLA leave, you need to give your employer enough information so your employer can find out if the FMLA applies to your leave request.
Depending on the situation, such information may include that you are unable to come to work because you are pregnant, you have been hospitalized overnight, or you or your qualifying family member is getting continuing care from a health care provider. When you ask for leave because you or your family member has a serious health condition, your employer may ask for certification of the condition from a health care provider. The employer may also seek a second opinion about the condition from another health care provider as long as the employer pays for it.
The FMLA makes it illegal for an employer to stop you, fire you, or discriminate against you treat you unfairly or unequally when you exercise your rights under the FMLA.
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Add to favorites Add to favorites One of my favorites. Who Is Eligible? To be eligible for FMLA benefits, you must: Work for an employer to whom the FMLA applies Have been employed by the employer for at least 12 months or 1 year Have worked for at least 1, hours during the month period right before the start of the leave Be employed at a worksite where 50 or more employees are employed by the employer within 75 miles of that worksite When Can You Use the FMLA to Take an Unpaid Leave?
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