Check a family or medical leave request against the FMLA eligibility and certification rules

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the employment facts and the request, list the reason the employee gives, the months employed, the hours of service in the previous 12 months if the papers state them, the employer's headcount if the papers state it, and the date any certification was requested and the date it was returned. Do not decide that the employee is eligible and do not write a designation.

What the lawyer must review

An eligible employee is entitled to a total of 12 workweeks of leave during any 12-month period for the birth of a child and to care for that child, placement of a child for adoption or foster care, care of a spouse, son, daughter, or parent with a serious health condition, the employee's own serious health condition that makes the employee unable to perform the functions of the position, or a qualifying exigency arising out of covered active duty (29 U.S.C. § 2612(a)(1)). An eligible employee has been employed by that employer for at least 12 months and for at least 1,250 hours of service during the previous 12-month period (29 U.S.C. § 2611(2)). The term excludes an employee at a worksite where the employer employs fewer than 50 employees if the total number employed by that employer within 75 miles of that worksite is fewer than 50. An employer may require certification for leave to care for a covered family member with a serious health condition, or for the employee's own serious health condition, and the employee must provide the requested certification within 15 calendar days after the request unless it is not practicable under the particular circumstances to do so despite diligent, good-faith efforts, or the employer allows more time (29 C.F.R. § 825.305). You decide eligibility, the certification, and any designation. This is not a paid personal-leave accrual.

Written for / version

United States versionUS