FMLA Eligibility & Leave Entitlement Calculator
Eligibility Results:
'; if (isEligible) { outputHtml += 'Congratulations! Based on the information provided, the employee appears to be FMLA eligible.'; if (leaveType === 'standard') { maxLeaveWeeks = 12; outputHtml += 'Maximum Standard FMLA Leave Entitlement: ' + maxLeaveWeeks + ' weeks'; } else if (leaveType === 'militaryCaregiver') { maxLeaveWeeks = 26; outputHtml += 'Maximum Military Caregiver FMLA Leave Entitlement: ' + maxLeaveWeeks + ' weeks'; } maxLeaveHours = maxLeaveWeeks * standardWorkweekHours; outputHtml += 'This equates to approximately ' + maxLeaveHours + ' hours of FMLA leave.'; } else { outputHtml += 'Based on the information provided, the employee does NOT appear to be FMLA eligible at this time.'; outputHtml += 'Reasons for ineligibility:- ';
if (!isEmployerCovered) {
outputHtml += '
- ' + employerReason + ' '; } if (!isEmployeeTenureMet) { outputHtml += '
- ' + tenureReason + ' '; } if (!isHoursWorkedMet) { outputHtml += '
- ' + hoursReason + ' '; } outputHtml += '
Understanding the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law in the United States that provides eligible employees with up to 12 workweeks of unpaid, job-protected leave per year for specific family and medical reasons. It also requires that their group health benefits be maintained during the leave as if they had not taken leave. For military caregiver leave, the entitlement can extend up to 26 workweeks in a single 12-month period.
Who is Covered by FMLA? (Employer Eligibility)
Not all employers are required to provide FMLA leave. The law applies to:
- Private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors in interest to covered employers. These 50 employees must be employed within a 75-mile radius of the worksite.
- Public agencies (federal, state, and local government employers) regardless of the number of employees.
- Public or private elementary and secondary schools regardless of the number of employees.
Who is Eligible for FMLA Leave? (Employee Eligibility)
To be eligible for FMLA leave, an employee must meet three criteria:
- Employment Duration: The employee must have worked for the employer for at least 12 months. These 12 months do not have to be consecutive. For example, if an employee worked for a company for 6 months, left, and then returned to work for another 6 months, they would meet this requirement.
- Hours Worked: The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the start of the FMLA leave. This averages out to about 25 hours per week over 50 weeks.
- Worksite Location: The employee must work at a location where the employer has 50 or more employees within 75 miles.
Reasons for Taking FMLA Leave
Eligible employees can take FMLA leave for the following reasons:
- The birth of a child and to care for the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for the employee's spouse, child, or parent who has a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
- Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
- To care for a covered service member with a serious injury or illness if the employee is the service member's spouse, son, daughter, parent, or next of kin (this is the military caregiver leave, which allows up to 26 workweeks).
Leave Entitlement
Generally, an eligible employee is entitled to 12 workweeks of FMLA leave in a 12-month period. This 12-month period can be defined by the employer in several ways (e.g., calendar year, any fixed 12-month period, 12 months measured forward from the first FMLA leave, or a "rolling" 12-month period measured backward from the date an employee uses FMLA leave). For military caregiver leave, the entitlement is up to 26 workweeks in a single 12-month period.
FMLA leave is typically unpaid, but employees may choose, or employers may require them, to use accrued paid leave (such as vacation or sick leave) concurrently with FMLA leave. This means the paid leave counts towards the FMLA entitlement.
Job Protection and Health Benefits
Upon return from FMLA leave, an employee has a right to be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Employers must also maintain the employee's group health benefits during FMLA leave under the same conditions as if the employee had not taken leave.
Important Considerations
- Intermittent Leave: FMLA leave can be taken intermittently or on a reduced leave schedule under certain circumstances, particularly for medical necessity.
- Notice Requirements: Employees are generally required to provide 30 days' advance notice when the need for leave is foreseeable. If not foreseeable, notice should be given as soon as practicable.
- Certification: Employers can require medical certification for serious health conditions or documentation for qualifying exigencies.
The FMLA is a complex law, and this calculator provides a simplified overview for initial assessment. For specific situations, it is always recommended to consult with your employer's Human Resources department or a legal professional specializing in employment law.