Which employees are eligible for family and medical leave?

An employee is eligible for family and medical leave under the federal Family and Medical Leave Act (FMLA) (50 or more employees) and the California Family Rights Act (CFRA) (five or more employees) if the employee:

  • Has worked for the covered employer for at least 12 months;
  • Has worked at least 1,250 hours in the past 12 months; and
  • For FMLA only, works at a worksite where there are at least 50 or more employees within a 75-mile radius.

Both FMLA and CFRA contain special eligibility requirements for airline flight crew employees. Flight crew employees will be eligible for CFRA leave if they have worked for 12 or more months for the employer, worked at least 504 hours, and have been paid at least 60 percent of the monthly guarantee, which means they worked at least 60 percent of the minimum number of hours scheduled in a given month.

Read more about CFRA and FMLA Employer Coverage in the HR Library.

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