ComplianceOnline
Family and Medical Leave Act (FMLA) Eligibility

The following employers have to comply with the Family and Medical Leave Act (FMLA):

  • Private employer who engages in commerce or business related to commerce
  • All private employers with 50 or more employees working at least 20 calendar weeks in the current or preceding calendar year within a 75 mile radius of work site
  • Governmental agencies of any size
  • Local public or private educational agencies /schools.

FMLA eligibility criteria for an employee:

  • An employee is eligible for FMLA leave for specified qualifying events like family and medical reasons (his/her own serious illness, to care for an immediate family member, birth or adoption or placement of a child). The law sets out specific criteria for what qualifies as a serious health condition
  • An employee must be working at a location where there are 50 or more employees in a 75 mile radius
  • He/she must have worked at least for a period of 12 months (not necessarily consecutive) for the covered employer
  • He/she must have worked at least 1250 hours (including overtime) in the 12 months period prior to the qualifying event.
  • He/she must not have used the current year’s 12 week FMLA leave entitlement
  • Part-time/Temporary employees who worked for less than 1,250 hours per year are not eligible for FMLA.

The FMLA does not favor the employee alone – the law doesn’t require the employer to pay the employee during the leave period, among other benefits .

ComplianceOnline Training on HR Compliance

When FMLA ends and ADA begins. The FMLA/ADA Crossover: Coordination, Management, and Compliance Strategies
This 90-minute training will assist you in understanding the complex interaction between FMLA and ADA (AA) as it relates to intermittent leave requests with an underlying accommodation.

3-hr Virtual Seminar - Boot Camp: Untangling the FMLA, ADAAA, GINA, and Workers Compensation Laws
This 3-hr training will show how you can deal with an employee who suffers from an on the job injury and his/her leave requirements trigger rights under the FMLA and the newly amended ADAAA.

Managing Employee Absenteeism and Tardiness
This HR compliance training will help you sort out the dos and don’ts of managing absenteeism and tardiness as per federal and state laws.

Pregnancy in the Workplace: Strategies to Protect Your Organization from Pregnancy Discrimination Claims
This Pregnancy Discrimination claims related training will provide essential strategies for ensuring that those rights are observed while at the same time allowing for the smooth operation of your organization.

California Wage and Hour Compliance: Payroll Unique to the Golden State!
This 90 minute California Wage and Hour Compliance training will help you understand the complexities surrounding California Wage and Hour Law Compliance and how it affects the function of any payroll department or company that has employees in California.

FLSA Pitfall to Avoid - Overtime and Wage Compliance The FLSA wage compliance webinar will discuss the scope of FLSA related to wage compliance and discuss about how to prepare for a wage inspection by learning how to calculate amount of money to pay to employee, when to pay overtime, how to know exempted employees for minimum wage requirements and the FLSA pitfalls to avoid.