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Under Title I of the FMLA, to be eligible for FMLA leave an employee must have worked at least 1250 hours in the 12-month period preceding the commencement of FMLA leave. 29 USC 2611(2)(A)(ii). In Bailey v. Pregis Innovative Packaging, Inc., No. 09-3539 (7th Cir.
The FMLA has many restrictions. Employees must have worked at their company for more than 12 months. They also must have worked at least 1,250 hours during the previous year. Smaller employers are not required to provide FMLA leave to their employees. If a company employs fewer than 50 people within 75 miles of the employeeâs worksite, the employee does not qualify for FMLA leave. This regulation was enacted to accommodate employers -- small companies would find it more difficult to send a replacement far away if a needed employee were to take leave.