Does an employee's job status affect his/her eligibility for FMLA leave?

Yes, an employee’s job status in Washington does affect his/her eligibility for FMLA leave. The Family and Medical Leave Act (FMLA) affords eligible employees of covered employers the right to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. In general, an employee must work for their employer for at least 12 months and must have worked at least 1,250 hours over the 12-month period preceding the start of leave. Additionally, an employee must work for an employer with at least 50 employees within a 75-mile radius of the employee’s worksite to be eligible for FMLA leave. Employees must be employed in a full-time or part-time capacity to be eligible for FMLA leave. Generally, employees must have been employed for at least 12 months prior to the start of their leave and have worked at least 1,250 hours in that period. Employees may also be eligible if they are employed on a “permanent” or “temporary” basis. A “permanent” employee is one who has an employment contract that is expected to last for more than 12 months, while a “temporary” employee is one who is hired for a specific period of time or for a particular project. In summary, an employee’s job status does affect his/her eligibility for FMLA leave in Washington. Employees must be employed in a full-time or part-time capacity and are generally only eligible for leave if they have been employed for at least 12 months, worked at least 1,250 hours in that period, and work for an employer with at least 50 employees within a 75-mile radius. Additionally, employees may also be eligible if they are employed on a “permanent” or “temporary” basis.

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