Are there any exemptions to FMLA employee eligibility?

Yes, there are certain exemptions to FMLA employee eligibility in North Carolina. The federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualified medical and family reasons. In North Carolina, employers of less than 50 employees are not required to provide FMLA leave. Additionally, an employee must have worked at least 1,250 hours in the 12 months prior to the start of the leave to be eligible. Furthermore, employees must have completed at least 12 months of service with the employer and must work at a location where at least 50 employees are employed within a 75 mile radius. Finally, some employees may not be eligible for FMLA leave based on their job duties. Employees must be primarily employed in an executive, administrative, or professional capacity to be eligible. Employees who are primarily engaged in manual labor, are hourly workers, or are seasonal employees may not be eligible. In summary, although most employees are eligible for FMLA leave, there are certain exemptions based on the size of the employer, the employee’s job duties, and the amount of hours the employee worked within the past year.

Related FAQs

Can I take FMLA leave for a family member's illness?
Does the FMLA cover absences due to severe weather or natural disasters?
Does my employer have to offer me the same or similar benefits I was receiving prior to my FMLA leave?
Do I have to give my employer notice before taking FMLA leave?
Do employers have the right to ask an employee on FMLA leave to provide periodic updates?
Does the FMLA cover parental leave?
Does the FMLA require employers to pay employees on FMLA leave?
Does the FMLA cover leave for employees caring for an ailing spouse?
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 during my spouse's active duty tour?

Are there any exemptions to FMLA employee eligibility?

Related FAQs

Related Blog Posts