The Essential Guide to Family & Medical Leave

chapter 3 | is the employee covered by the FMLA? | 51
P Managers’
Checklist
Is the Employee Eligible for FMLA Leave?
o There are 50 or more employees working within 75 miles of the leave-seeking
employee’s worksite.
o I counted telecommuting or other employees not physically present at the
worksite where they report or where they receive work assignments.
o I measured the 75-mile radius based on the most direct surface travel
routes, like roads, highways, and waterways.
o I counted all buildings within a reasonable geographic vicinity as a single
worksite and measured the 75-mile radius from those buildings.
o The employee worked for the company for at least 12 months (or 52 weeks)
prior to the first day of the requested leave.
o I counted the employee as working in any week when the employee was on
company payroll, even if the employee worked intermittently or part time.
o I counted the employee as working in any week when the employee was on
leave and getting pay or benefits from my company.
o I did not count the employee as working in any week when the employee
was suspended or should otherwise have been working but wasn’t.
o Company records show that the employee worked at least 1,250 hours in the 12
months prior to the first day of the requested leave.
o I counted only the hours that the employee actually worked, whether paid
or not.
o Because my company does not count time on leave when calculating hours
for overtime pay purposes, I did not count any hours that the employee
was on leave.
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