Family & Medical Leave Act (FMLA)

Basically, the FMLA only applies to employees who meet all of the following criteria, each of which are described in more detail in The Requrements To Qualify For FMLA Leave

• Employees who work for employers with 50 or more employees who work within 75 miles of each other AND
• Who have been employed with the employer: 
  • For a minimum of 12 months
  • Who have worked for the employer a minimum of 1,250 hours during the last 12 months. Work during the last 12 months does not have to be consecutive. There can be breaks. AND
• Who need time off because of their own serious health condition or employees who need time off to care for an ill parent, spouse or child.  
  • Any legal relationship to a child qualifies, including step children and adopted children.
  • Adult children do not qualify as a reason for permitted time off.

The FMLA does not generally apply to franchises because each location is owned by a different employer. It would apply if one employer owns franchises within 75 miles of each other that employ a total of 50 or more employees.

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