Who is covered by FMLA?
The U.S. Department of Labor’s Employment Standards Administration’s Wage and Hour Division enforces FMLA. FMLA applies to all public agencies, including state and local governments, and local education agencies such as schools. In the private sector, FMLA also applies to employers with 50 employees within 75 miles of the worksite, who are employed 20 or more workweeks in the current or preceding calendar year. Most federal and congressional employees are under the jurisdiction of the U.S. Office of Personnel Management (OPM) or Congress. There are guidelines to who is eligible for FMLA benefits. An eligible employee is one who works for a “covered” employer and has worked for 12 months or more. This includes anyone working at least 1,250 hours during the preceding 12 months. That employee is also required to work in the United States or in any territory of the United States. When leave is foreseeable, an employee must provide the employer with at least 30 days notice or as much notice
