Is FMLA available for part-timers?

On Behalf of | May 20, 2025 | FMLA Discrimination

If you work part-time, you may question whether you’re entitled to job-protected leave under the Family and Medical Leave Act (FMLA). While the law extends important protections, eligibility depends on several specific criteria. Understanding these factors will help you assess your status more accurately.

Basic FMLA requirements

FMLA grants eligible employees up to 12 weeks of unpaid leave for qualifying medical or family reasons. To be eligible, your employer must have at least 50 employees within a 75-mile radius. Additionally, you must have worked for the employer for at least 12 months and accumulated a minimum of 1,250 hours of service during the previous 12 months.

What it means for part-time workers

Being a part-time employee doesn’t automatically exclude you from FMLA protections. The determining factor is whether you’ve accrued 1,250 hours of work in the past year. For instance, if you average 24 hours per week, it would take just over a year to reach that benchmark. Your eligibility hinges not on your job title but on the actual hours worked.

Tracking your hours matters

Accurately documenting your hours is essential. Even minor changes to your schedule can significantly affect your total. Employers calculate your eligibility using precise time records, not estimates. If you’re approaching the 1,250-hour threshold, request a verified total from human resources. This figure plays a central role in determining your access to FMLA leave.

Leave options if you don’t qualify

Falling short of the required hours doesn’t mean you lack options. Some employers offer unpaid personal leave or provide short-term disability benefits. While Florida law does not enhance FMLA rights beyond federal provisions, workplace policies may offer broader protections. Consult your employee manual for specific alternatives.

FMLA eligibility isn’t reserved for full-time positions. If you’ve satisfied the hours and tenure requirements, you have the right to request protected leave. Maintain accurate records and communicate with HR to confirm your eligibility.