Written by attorney Meghan Uzzi Lehner

Are You a “Key Employee” Under the FMLA?

Under the Family and Medical Leave Act (“FMLA”), eligible employees are entitled to take up to 12 weeks of protected leave every year to attend to certain medical and family matters and up to 26 weeks to care for a family member injured during military service. FMLA eligibility requires the following criteria:

The employee must have been employed with the company for 12 months. The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave. The employer is one who employs 50 or more employees within a 75-mile radius of the worksite. Employees who are eligible for FMLA-leave are generally entitled to continued health insurance benefits and to be restored to their former job (or to an equivalent job) upon the completion of their leave. “Key employees” are an exception to this rule.

Additional resources provided by the author

To learn more about “key employees” and the FMLA, check of the Department of Labor’s website:

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer