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elaws - employment laws assistance for workers and small businesses - FLSA Section 14(c) Advisor

Family and Medical Leave Act (FMLA) Coverage

The Family and Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. Covered employees are those having 50 or more employees in 20 weeks in the current or preceding calendar year. Employees of covered employers are eligible if they have worked for a covered employer for at least one year, have worked at least 1,250 hours during the previous 12 months, and work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

It is important to remember that workers with disabilities who are paid special minimum wages under FLSA Section 14(c) not only count as employees when determining if the employer has “50 employees within 75 miles,” but also may be eligible to take leave under FMLA.

For more detailed information about FMLA, please visit the elaws FMLA Advisor.

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FLSA Section 14(c) Advisor | Wage and Hour Division