Requests for time off from work under the Family and Medical Leave Act (FMLA) (29 U.S.C. �� 2601 et seq.) raise several vexing issues for HR professionals and in-house counsel; for example, whether the requesting employee has a “serious health condition” and, if so, whether he or she is entitled to so-called “intermittent” leave. The requesting employee’s “eligibility” for leave, on the other hand, seems to involve three fairly straightforward questions: (1) Has the requesting employee been employed for at least one year? (2) Did he or she work at least 1,250 hours in the 12 months preceding the leave request? And (3) are there at least 50 employees at or within 75 miles of the employee’s worksite? 29 U.S.C. � 2611; 29 C.F.R. � 825.110(a).
Although this sounds simple enough, the “eligibility issue” is actually much more complicated than one might first expect. Attorneys should advise HR professionals and in-house counsel to familiarize themselves with the eligibility issue in order to make informed and considered decisions about an employee’s FMLA eligibility.
