Are there any exemptions to FMLA employee eligibility?

In California, the Family and Medical Leave Act (FMLA) provides certain rights and protections to eligible employees by requiring employers to provide job-protected time off for certain family and medical situations. Under the FMLA, employees must have been employed for at least 12 months and 1250 hours in the past 12 months in order to qualify for job-protected leave. There are a few exceptions to this eligibility requirement. For instance, in California, public employees may be eligible for FMLA leave after six months of service. Also, employers with fewer than 50 employees within a 75-mile radius may not be covered under the FMLA. In addition, employee eligibility may also be impacted by their work schedule. Part-time employees, for instance, may be eligible for the FMLA if they have worked at least 1250 hours in the 12 months preceding the leave time, or if they have worked an average of at least 24 hours per week during the same period. Furthermore, certain individual employees may be exempt from the eligibility requirements of the FMLA. This includes highly-compensated individuals, salaried employees, and independent contractors. In addition, employees who are incarcerated or are on active duty with the military are not eligible for the FMLA. Therefore, while the FMLA provides a number of rights and protections to eligible employees, there are a few exceptions to the eligibility requirements. It is important for employers and employees to understand the requirements for FMLA eligibility and to ensure that all applicable conditions are met for the employee to receive job-protected leave.

Related FAQs

Does the FMLA cover self-care or preventive care leave?
Do I have to use my FMLA leave in one continuous block?
Can an employee be required to pay for health benefits while on FMLA leave?
Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?
Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?
Can I take FMLA leave to care for a family member with a serious health condition?
Does my employer have the right to request a medical certification for FMLA leave?
Can I receive compensation for wages or benefits lost due to FMLA violations?
Can I take FMLA leave for my own illness?
Can I take FMLA leave for any family member's health condition?

Are there any exemptions to FMLA employee eligibility?

Related FAQs

Related Blog Posts