A contractor wants to establish a policy for family and medical leave. Under the Family and Medical Leave Act (FMLA), which employees are eligible for unpaid leave?
Correct Answer
D) Employees who have worked 1,250 hours in the past 12 months and been employed for 12 months
FMLA eligibility requires employees to have worked for at least 12 months and 1,250 hours in the past 12 months for employers with 50 or more employees within 75 miles of the worksite.
Why This Is the Correct Answer
Option B correctly states the FMLA eligibility requirements. Under federal law, employees must meet two key criteria: they must have been employed for at least 12 months (not necessarily consecutive) and worked at least 1,250 hours during the 12-month period preceding the leave. Additionally, the employer must have 50 or more employees within a 75-mile radius of the worksite. These specific thresholds ensure FMLA protection applies to established employees with substantial work history.
Why the Other Options Are Wrong
Option B: All employees regardless of tenure or hours worked
This is incorrect because FMLA requires 12 months of employment, not 6 months, and the 1,250-hour requirement applies regardless of full-time or part-time status. A full-time employee with only 6 months of service would not qualify, while a part-time employee meeting both the 12-month and 1,250-hour requirements would qualify.
Option C: Only full-time employees with at least 6 months of service
This is incorrect because FMLA does not cover all employees regardless of tenure or hours. The Act specifically requires minimum employment duration (12 months) and hours worked (1,250 hours) to qualify. Without these requirements, employers would face unrealistic administrative burdens covering temporary or very part-time workers.
Memory Technique
Remember '12-12-50': 12 months employed, 1,250 hours worked (close to 12 hundred), and employer must have 50+ employees within 75 miles.
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