FMLA QUALIFICATION OFTEN MISUNDERSTOOD
The Family Medical Leave Act does not impose the same qualification rules on everyone. The biggest difference flows from whether an employee is covered under Title I or Tile II, namely whether an employee must work 1,250 hours in a year before qualifying.
Title I rules apply to the following federal employees:
- Individuals employed on a temporary appointment of one year or less.
- Individuals employed on an intermittent appointment,
- Employees of the government of the District of Columbia,
- Employees of the U.S. Postal Service and the Postal Rate Commission,
- Employees of DOD or Coast Guard non-appropriated fund entities,
- DOD teachers,
- Employees of the U.S. Postal Service and the Postal Rate Commission, and
- Employees of the Veterans Health Administration.
Title II applies to employees not mentioned above, who are the majority of federal employees
Title I requires employees to work for an employer for 12 months and during that time to work at least 1,250 hours. However, those covered by Title II need only work for one year. They need not log a minimum number of hours. The employees most likely to benefit from that difference are Title II seasonal and on-calls workers.