Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Unless you have worked 1250 hours in the 12 months leading up to your need for FMLA you would not qualify under the Act. The Act essentially only covers what amount to full time employees to qualify. But, if you have worked those 1250 hours, you would qualify even if the employer categorizes you as part time. Here is a link to the eligibility rules: https://www.dol.gov/whd/regs/compliance/whdfs28.pdf
So, if you do not qualify you can either try to get the employer to provide you with a reasonable accommodation under the ADA in the form of extended leave or use any other policy the employer has to allow for unpaid leave. Under the ADA the employer must accommodate if they can do so without causing undue hardship on their business.
If you are denied, you can file a complaint with the EEOC.
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