Are there any exemptions to FMLA employee eligibility?

Yes, there are exemptions to FMLA (Family and Medical Leave Act) employee eligibility in Virginia. In order to be eligible for FMLA leave provided under the federal guidelines, an employee must work at least 12 months for the same employer and must have worked for at least 1,250 hours within the 12-month period. In addition, employers with less than 50 employees are not required to provide FMLA leave under the federal law. For employers with 50 or more employees, the employer must also provide FMLA leave in accordance with the Virginia Department of Labor and Industry’s FMLA regulation under the Virginia Code. Under the Virginia Code, an employee is not eligible for FMLA leave if he or she works for a seasonal employer, is employed by a local government, or works part-time and only works an average of fewer than 25 hours a week over the 12-month period. Employees who are employed at a worksite with fewer than 50 employees within 75 miles are also not eligible. FMLA also exempts certain high-level executives, such as corporate officers, and certain key employees, such as those who are among the highest paid 10% of all employees. Furthermore, employers may exclude employees who are employed by employers that are not subject to this act. Finally, employers may also exclude employees with intermittent leaves. In this instance, employees are considered ineligible if they have taken fewer than 15 days of FMLA leave in the preceding 12-month period.

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Are there any exemptions to FMLA employee eligibility?

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