Here are some frequently asked questions which will help you to better understand the eligibility criteria:

Q: Are part-time, 9 month, or 10½ month employees eligible for FMLA?

A: Yes, if the employee has 1,250 hours of state service in the last 12 months preceding the time leave is taken. Most half-time employees work only 1,044 hours and therefore, do not qualify. Most 9 month employees work 1,440 per year, and 10½ month employees work 1,680 hours per year. These employees are entitled to use up to 12 weeks of FMLA during their normal 9 or 10½ month work period.

Q: If it is the end of August and an employee has used 11 weeks of FMLA leave, would the employee be immediately eligible for another 12 weeks?

A: Yes. The employee is eligible for 12 weeks per fiscal year as long as their serious health condition continues and they have worked 1250 hours in the 12 months immediately preceding September 1.

This would not be the case for leave taken for the birth, adoption, or foster care placement of a child. In these situations, the eligible employee is entitled to one 12 week period for the birth, adoption or foster care placement within 12 months following the actual event.

Q: If both the husband and wife work for the state, are they each eligible for 12 weeks per year?

A: Yes, however, they are limited to a combined 12 weeks of FMLA leave for the birth, adoption or placement of a foster child. Where they use only a portion of the 12 weeks for the birth, placement, or adoption, they are entitled to the difference between the amount taken individually and 12 weeks for another FMLA eligible situation.

Q: Is the 1,250 hours of state service required per calendar year, or per fiscal year?

A: Neither. To be eligible for FMLA leave, you must have 1,250 hours of service immediately preceding the time of leave and at least 12 months of total service. This service does not need to be a continuous 12 month period.

Q: Do the 12 months of service with the state have to be continuous or consecutive?

A: No. The 12 months do not have to be continuous or consecutive; all time worked for the state is counted. 

Q: Do the 1,250 hours include paid leave time or other absences from work?

A: No. The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included. 

Q: How do I determine if I have worked 1,250 hours in a 12-month period?

A: Your individual record of hours worked would be used to determine whether 1,250 hours had been worked in the 12 months prior to the commencement of FMLA leave. As a rule of thumb, the following may be helpful for estimating whether the test for eligibility has been met: