What type of employees are eligible for FMLA leave?
In Virginia, the Family and Medical Leave Act (FMLA) offers certain workers the right to take up to 12 weeks of unpaid leave in any 12-month period due to family, medical, or military reasons. To be eligible for this type of leave, an employee must have worked for an employer for at least 12 months and worked at least 1,250 hours in the 12 months prior to requesting FMLA leave. Employees who are eligible for FMLA leave include those who work for a company or organization which has at least 50 employees, public agencies, and any private or public elementary or secondary school. Additionally, employees who are employed in the United States or any territory or possession of the United States are eligible for FMLA leave. The employee requesting FMLA leave must be either the spouse, parent, or child of a current, active member of the Armed Forces or the employee must be a “next of kin” to care for a current, active member of the Armed Forces who has sustained a serious injury or illness. In Virginia, an employer must provide eligible employees with up to 12 weeks of unpaid leave per 12-month period for the purpose of enlistment in the Armed Forces, military services, family medical care, or to care for a newborn, adopted, or foster child. Eligible employees are also able to take up to 26 weeks of leave during a single 12 month period to care for a spouse, child, or parent with a serious service-related injury or illness.
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