FMLA Guidelines: Eligibility Requirements

An employee is eligible under the FMLA to be absent from work for up to twelve weeks in the employee's FMLA benefit year for a qualifying event with the continuation of benefit coverage when these conditions are met:

1. Length of Employment

  • The employee has been employed by the University for at least 12 months. If the employee is not eligible for the FMLA when the absence from work begins because he or she has not met the 12 month length of service requirement, the employee may meet this requirement while absent from the workplace for an FMLA qualifying event.  The time away from work counts toward the employee’s length of employment.
  • The 12 months need not be consecutive. It is a cumulative total of the number of months the employee has been employed by the University. However, if there is a break in service of seven years or more, the prior employment is not counted in determining the employee’s length of employment.  If the employee’s break in service is due to the fulfillment of his or her National Guard or Reserve military service obligation, the time served performing the military service is counted in determining whether the employee has been employed for at least 12 months.
  • Temporary and regular employment is counted toward the 12 month total.

2. Employee Effort

  • Non-exempt (bi-weekly paid) Employees: The employee has worked at least 1,250 hours during the 12 months immediately preceding the start of the absence from work.
    • The 1,250 hours include only those hours actually worked.
    • Paid and unpaid time away from work is not counted toward the 1,250 hour threshold.
    • An employee returning from fulfilling his or her National Guard or Reserve military obligation will be credited with the hours of service that would have been performed but for the period of military service.
  • Exempt (monthly paid) Employees: The employee is beyond the probationary period, and has at least a 50 percent (20 hours per week or more) appointment when the absence from work begins.
    • The appropriate University Human Resources (UHR) Office should be consulted if a probationary, exempt employee will be denied FMLA coverage and the employee has worked for the University in any capacity (regular, temporary, etc.) in the 12 months immediately preceding the employee's date of hire. To find the appropriate UHR Office, please refer to the Resources and Contacts section of this tutorial.