Congress has said the purpose of the Family Medical Leave Act (“FMLA”) is to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. Congress has stated that the FMLA seeks to accomplish this purpose in a manner that also accommodates the legitimate interests of employers.

     Before you have rights under the FMLA, your employer must be a “covered employer,” and you must be an “eligible employee.” In general, the FMLA applies to private employers with 50 or more employees for 20 calendar weeks during the current or preceding calendar year. A “covered employer” also includes employers who have multiple worksites that may employ less than 50 people at any one location, but the total number of employees employed by that employer in a 75 mile radius is 50 or more. Additionally, it applies to public agencies, such as school districts and municipalities, regardless of the number of employees.

     To be an eligible employee under the FMLA, the employee must have worked for the employer for at least twelve months (which need not be consecutive); worked for at least 1,250 hours of service during the previous 12-month period; and worked at a site where 50 or more employees are employed, or where that many employees are employed within 75 miles of the worksite. Full-time employees who are exempt from the Fair Labor Standards Act are presumed to have worked 1,250 hours unless the employer keeps records of actual hours worked.

     If your employer is a covered employer, it must have a written FMLA policy available to its employees. You should thus be able to refer to a handbook or other policy to learn how your employer is implementing the law. It is important for employers to consult with an attorney to periodically review the policy to ensure it complies with any changes in the law or regulations governing the FMLA, and cases interpreting it. If you have questions or concerns about your rights as an employee, you should also consult legal counsel.

     Next week we will discuss the benefits available to covered employees under the FMLA.