Do Part-Time Employees Qualify for FMLA & What Are Their Rights?

The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Understanding whether part-time employees qualify for FMLA and what their rights are under this act is crucial for both employers and employees. While the FMLA's core purpose is to provide job security during times of significant personal or familial need, its applicability to part-time workers is subject to specific criteria.

To determine if a part-time employee qualifies for FMLA, two primary conditions must be met. First, the employer must be a covered employer under the FMLA. This generally means any public agency, including a local, state, or federal government agency, regardless of the number of employees. For private sector employers, the FMLA applies to those who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. This requirement is assessed company-wide, meaning that even if a part-time employee works in a location with fewer than 50 employees, they may still be eligible if the employer as a whole meets the 50-employee threshold.

Second, the employee must meet specific eligibility requirements. This is where the criteria for part-time workers become particularly important. To be eligible for FMLA leave, an employee, whether full-time or part-time, must have been employed by the employer for at least 12 months. These 12 months do not have to be consecutive. The key consideration for part-time employees lies in the requirement that the employee must have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. This 1,250-hour requirement is critical. It effectively means that many part-time employees, especially those working significantly reduced hours, may not meet the eligibility threshold, even if they have been employed for more than 12 months. Calculating these hours should include all hours actually worked for the employer, including any overtime. Paid time off, such as vacation or sick leave, is not counted towards the 1,250-hour requirement.

Once a part-time employee meets both the employer coverage and individual eligibility requirements, they are entitled to the same rights as full-time employees under the FMLA. These rights include:

• Up to 12 weeks of unpaid leave in a 12-month period: This leave can be taken for reasons such as the birth and care of a newborn child; placement with the employee of a child for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or when the employee is unable to work because of their own serious health condition. A "serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

• Up to 26 weeks of unpaid leave in a single 12-month period to care for a covered servicemember with a serious injury or illness: This provision applies to family members caring for a servicemember who has sustained a serious injury or illness in the line of duty. The covered servicemember can be the employee’s spouse, son, daughter, parent, or next of kin.

• Maintenance of health insurance coverage: During the FMLA leave, the employer is required to maintain the employee’s health insurance coverage under the same terms and conditions as if the employee had continued working. This means the employee is responsible for paying their portion of the health insurance premiums, but the employer must continue to provide the coverage.

• Job restoration: Upon returning from FMLA leave, the employee is entitled to be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. There are limited exceptions to this right, such as if the employee would have been laid off regardless of taking FMLA leave.

• Protection from retaliation: Employers are prohibited from retaliating against employees for taking FMLA leave. This includes actions such as demotion, denial of promotion, or termination.

It's important for part-time employees to understand their responsibilities when requesting FMLA leave. They must provide their employer with sufficient notice of their need for leave, typically at least 30 days in advance for foreseeable events, such as a scheduled surgery. In cases where the need for leave is unforeseeable, the employee must provide notice as soon as practicable. The employer may require the employee to provide medical certification from a health care provider to support their request for leave due to a serious health condition.

Employers also have responsibilities under the FMLA regarding part-time employees. They must provide employees with notice of their FMLA rights and responsibilities, including the eligibility requirements, the employee’s right to job restoration, and the employer’s obligation to maintain health insurance coverage. Employers must also designate leave as FMLA leave and notify the employee of this designation within a reasonable timeframe. Failure to comply with the FMLA can result in significant penalties for employers, including liability for damages, lost wages, and attorney's fees.

While the FMLA provides crucial protections for eligible employees, including some part-time workers, it is not a simple, one-size-fits-all law. The 1,250-hour requirement, in particular, creates a hurdle for many part-time workers. Therefore, it's essential for both employers and employees to carefully review the FMLA regulations and seek legal guidance if needed to ensure compliance and understand their respective rights and obligations. States may also have their own family and medical leave laws, which may provide additional protections or benefits beyond those offered by the FMLA. These state laws may have different eligibility requirements or provide for paid leave. Part-time employees should investigate these state laws in conjunction with the federal FMLA.