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Ask Merlo Your Own Question
Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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employee in NY wants to know the rule of FMLA.

Customer Question

employee in NY wants to know the rule of FMLA.
Submitted: 8 years ago.
Category: Tax
Expert:  Merlo replied 8 years ago.



An employer covered by FMLA is any person engaged in commerce or
in any industry or activity affecting commerce, who employs 50 or more
employees for each working day during each of 20 or more calendar
workweeks in the current or preceding calendar year.


An eligible employee is an employee of a covered employer
(1) Has been employed by the employer for at least 12 months, and
(2) Has been employed for at least 1,250 hours of service during the
12-month period immediately preceding the commencement of the leave, and
(3) Is employed at a worksite where 50 or more employees are
employed by the employer within 75 miles of that worksite. (See
Sec. 825.105(a) regarding employees who work outside the U.S.)


Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

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