Leave of Absence Tool – Employers Covered by Federal FMLA

Assess whether an employee is eligible for leave under the federal Family and Medical Leave Act and use as a compliance checklist.

I. Determining Eligibility / Entitlement*

If you answered “yes” to the foregoing questions, the employee is likely entitled to leave under the federal FMLA. Note: Whether or not the employee is eligible for federal FMLA, s/he may be entitled to leave as a reasonable accommodation under the ADA or analogous state law. See Leave of Absence Tool – ADA: Leave as a Reasonable Accommodation.

*This tool is designed to help analyze whether an employee is entitled to leave under federal law. It does not cover all the questions that can arise in specific situations. For additional information regarding calculations, definitions of key terms, and employee / employer responsibilities under the FMLA, consult counsel as well as the Department of Labor’s detailed regulations, available at: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=93646d8ace0ed31952010598d01e5bd3&rgn=div5&view=text&node=29:3.1.1.3.54&idno=29

II. To Do