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Jul20

FMLA for part-time employees

Does FMLA allow for part-time employees to participate?

Does the over 50 employees apply to the state of California.

First, to answer your question about federal FMLA, which applies in all 50 states: Yes, FMLA applies to many part-time workers. In fact, the FMLA law (like most employment laws) does not discriminate between part-time and full-time workers.

FMLA applies to employers with 50 or more workers within 75 states. (Several states have family leave laws that apply to smaller companies.) An employee who has been with the company for 12 months qualifies. Those 12 months need not be continuous — an employee can work for your company 5 months and then return three years later for another 7 months, and it will count as 12 months.

In addition, the employee must have worked 1,250 hours in the past 12 months to qualify. Worked means worked — vacation time, sick leave, etc. does not count as hours worked. In practice this means that an employee must average about 24 hours per week, 52 weeks per year to qualify for FMLA. However, an employee who normally works fewer hours or fewer weeks can qualify if they worked more hours during some weeks.

An employee who qualifies for FMLA takes it on the same basis as their work schedule. Katina normally works 25.5 hours per week, and is otherwise qualified for FMLA. She is entitled to take 25.5 hours of continuous FMLA each week for 12 weeks.  Or, she is entitled to 306 hours (25.5 x 12 = 306) of intermittent FMLA in a 12-month period.

California and several states have family leave laws that apply to smaller companies. The CFRA is basically the same as FMLA (it should be — the federal law used the California law as a model.) However, California has a total of 5 family leave laws and some apply to an employer with as few as 2 workers.

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This entry was posted on Tuesday, July 20th, 2010 at 6:44 am and is filed under
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4 Responses to “FMLA for part-time employees”

  1. » FMLA for part-time employees Human Resource Blog « Human Resources 123 Says:

    [...] more here: » FMLA for part-time employees Human Resource Blog Comments [...]

  2. FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update July 20, 2010 Says:

    [...] FMLA for part-time employees Human Resource Blog By Caitlin FMLA applies to employers with 50 or more workers within 75 states. (Several states have [...]

  3. Is it Really Necessary to Quit Your Day Job and to Start an Online Home Business | Moms Work at Home Says:

    [...] » FMLA for part-time employees Human Resource Blog [...]

  4. Marven Baze Says:

    Are there any provisions in the work requirement for a part time worker that is employed by a school district? Most school districts work 9 months a year and some school employees work 5hrs and 55 mins per day to keep them in a part time status.

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