The Family Medical and Leave Act is a federal law granting 12 weeks of unpaid, job-protected leave per year to eligible employees. Eligibility depends in part on how many hours an employee has worked during the previous 12 months, meaning part-time employees might not be able to take FMLA time. Employers and employees should keep accurate records of employees' hours to verify FMLA eligibility.
Background
The FMLA applies to all public agencies and schools and to private-sector companies with at least 50 employees. Eligible employees may take up to 12 weeks off in a 12-month period for childbirth, child adoption, recuperation from a serious health condition or care of an immediate family member with a serious health condition. Among the eligibility requirements for employees are at least one year of service with their employer and 1,250 hours on the job during the preceding 12 months.
Considerations
Given the 1,250-hour requirement, employees are eligible if they have averaged about 24 hours per week during the year leading up to their leave request. Employers who limit part-time employees to 20 hours a week, which is half of the standard 40-hour full-time week, thus render those employees ineligible for FMLA leave. Federal laws do not establish standards for what constitutes a part-time week, according to the U.S. Department of Labor, allowing employers to make the designation.
Definition
The interpretation of hours worked might be key to determining a part-time employee's eligibility for FMLA leave. According to federal regulations, employers must count as time worked any hours during which an employee has to be on the employer's premises or otherwise on duty. If an employee voluntarily continues to work after a shift, the employer must count that as time worked, as well. A Department of Labor fact sheet also cites as an example a secretary who reads a book while waiting to take dictation. Such time counts as hours on the job.
Alternatives
Part-time employees who do not qualify for FMLA leave might be eligible for a certain amount of paid sick leave in accordance with their employer's policy. However, federal laws do not require employers to provide sick leave. For employees with disabilities, the Americans with Disabilities Act requires employers to permit employees to reduce their hours or take time off to the extent that their absence does not impose undue hardship on the business. The Pregnancy Discrimination Act requires employers to allow pregnant women to take leave in accordance with the same company policy that would apply to any other employee with a temporary disability.
