CLMS - Module 2 Federal and State
FMLA
Eligible Employees for FMLA
The employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250 hours over the
previous 12 months.
Covered Employer for FMLA
State, local and federal employers
Educational agencies (K-12; colleges and universities are considered private employers)
Private employers with 50 or more employees within a 75 mile radius
The 50-employee count must be for atleast 20 workweeks in the current year or the preceding calendar
year
Length of Service for Employees
,An employee must have worked for the employer for a total of 12 months
Periods of employment within the prior 7 years to the "12 months of service" requirement. A break in
service does not remove the prior service from the counting towards the eligibility requirement.
Fair Labor Standards Act of 1938
The Act requires that employees must receive at least the minimum wage and may not be employed for
more than 40 hours in a week without receiving at least one and one-half times their regular rates of
pay for the overtime hours. The amount employees should receive cannot be determined without
knowing the number of hours worked.
Hours Worked
The employee must have worked for the employer for at least 1250 hours within 12 months preceding
the start of the leave.
Hours worked are "actual hours work is performed" it does not include hours paid for vacation time,
paid time off, etc
Special Circumstances for Hours Worked
Airline Flight Crews
Military Service
Public Employers
Independent Contractors
Joint Employment
Employers Process Requirements
, There are process requirements that employers should understand and have in place so that employees
know what is expected of them (i.e., employees are required to submit absence request 30 days in
advance if the leave reason is foreseeable)
This also give the employer the advantage of having a structure in place when managing absences.
Basic components to review when considering whether or no leave qualifies for the federal FMLA
Eligibility-does the employee meet the requirements?
Availability-does the employee have time remaining or have they exhausted their benefits?
Process Compliance - Did the employee follow the absence reporting requirements in accordance with
employee handbook.
Qualifying need - Does the leave meet the definition of a qualified reason and relationship.
In order to be eligible for FMLA leave, which of the following is required?
The employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250 hours over the
previous 12 months.
An employee worked for the same company with a four-year break. Upon return they worked 11
months at 100 hours each month. The employee requests leave. Is the employee eligible for FMLA
The employee is not eligible because they do not have enough hours worked.
The FMLA entitles eligible employees to take unpaid, job-protected leave to care for a family member.
FMLA leave also applies to qualified family members who are caregivers of an injured service member or
when a family member is deployed for military service. who fall under eligible family members?
FMLA
Eligible Employees for FMLA
The employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250 hours over the
previous 12 months.
Covered Employer for FMLA
State, local and federal employers
Educational agencies (K-12; colleges and universities are considered private employers)
Private employers with 50 or more employees within a 75 mile radius
The 50-employee count must be for atleast 20 workweeks in the current year or the preceding calendar
year
Length of Service for Employees
,An employee must have worked for the employer for a total of 12 months
Periods of employment within the prior 7 years to the "12 months of service" requirement. A break in
service does not remove the prior service from the counting towards the eligibility requirement.
Fair Labor Standards Act of 1938
The Act requires that employees must receive at least the minimum wage and may not be employed for
more than 40 hours in a week without receiving at least one and one-half times their regular rates of
pay for the overtime hours. The amount employees should receive cannot be determined without
knowing the number of hours worked.
Hours Worked
The employee must have worked for the employer for at least 1250 hours within 12 months preceding
the start of the leave.
Hours worked are "actual hours work is performed" it does not include hours paid for vacation time,
paid time off, etc
Special Circumstances for Hours Worked
Airline Flight Crews
Military Service
Public Employers
Independent Contractors
Joint Employment
Employers Process Requirements
, There are process requirements that employers should understand and have in place so that employees
know what is expected of them (i.e., employees are required to submit absence request 30 days in
advance if the leave reason is foreseeable)
This also give the employer the advantage of having a structure in place when managing absences.
Basic components to review when considering whether or no leave qualifies for the federal FMLA
Eligibility-does the employee meet the requirements?
Availability-does the employee have time remaining or have they exhausted their benefits?
Process Compliance - Did the employee follow the absence reporting requirements in accordance with
employee handbook.
Qualifying need - Does the leave meet the definition of a qualified reason and relationship.
In order to be eligible for FMLA leave, which of the following is required?
The employee must work for a cover employer.
The employee must have worked for the employer for at least 12 months and 1250 hours over the
previous 12 months.
An employee worked for the same company with a four-year break. Upon return they worked 11
months at 100 hours each month. The employee requests leave. Is the employee eligible for FMLA
The employee is not eligible because they do not have enough hours worked.
The FMLA entitles eligible employees to take unpaid, job-protected leave to care for a family member.
FMLA leave also applies to qualified family members who are caregivers of an injured service member or
when a family member is deployed for military service. who fall under eligible family members?
