FMLA for Part-Time Employees: What Employers Need To Know

Does one of your part-time employees need some time off for family or medical reasons? If so, you might wonder whether FMLA for part-time employees is an option. 

The short answer is yes.

The Family and Medical Leave Act (FMLA) allows employees to take unpaid leaves for specific medical conditions and family situations. But you should check the eligibility criteria before granting an employee leave under the FMLA.

In this guide, we explain the rules of FMLA for part-time employees and the eligibility criteria for FMLA leaves.

Keep reading to learn:

• What Is FMLA Leave?
• Are Part-Time Employees Eligible for FMLA Leave?
• How Can Employees Use the FMLA Leave?
• Can You Lay Off an Employee on FMLA Leave?

Final Thoughts: FMLA for Part-Time Employees — What Employers Need To Know

What Is FMLA Leave?

FMLA leaves are unpaid, job-protected leaves. Your employee will still receive their group health insurance coverage during their leave. 

Eligible employees can request FMLA leave for many family and medical reasons. But how long they can take off depends on the reason for the leave. 

Here are the FMLA criteria for leave length:

• 12 workweeks: An employee can take 12 workweeks off in a year:
  - To care for a newborn (within a year of childbirth).
  - To care for a child placed with the employee for foster care.
  - To care for a newly adopted child within a year of placement.
  - To care for a family member (spouse, parent, or child) with a serious health condition.
  - If their own serious health condition makes them incapable of performing tasks required for their job.
  - When a spouse, child, or parent is a covered military service member and goes on active duty, leading to a qualifying exigency (emergency). 

• 26 workweeks: An employee can take 26 workweeks off during a 12-month period to take care of a covered military service member who has a serious illness or injury. The service member must be the employee’s parent, spouse, child, or next of kin.

Are Part-Time Employees Eligible for FMLA Leave?

Yes, part-time employees are eligible for FMLA leave if they fulfill the requirements.

The eligibility criteria are the same for part- and full-time employees. 

Here are the employee eligibility requirements for leave, according to FMLA regulations:

• The employee works for a covered employer. According to the FMLA Fact Sheet, a covered employer is:
  - A private-sector employer with a staff of 50 or more who have worked at least 20 workweeks during the current or previous calendar year (including a successor in interest or joint employer).
  - Public agency.
  - Public or private elementary or secondary school.

• The employee has worked for the current employer for at least 12 months.
• The employer employs 50 or more people within 75 miles of the employee’s worksite.
• The employee has worked 1,250 hours or more over the past 12 months. The Fair Labor Standards Act (FLSA) decides the number of hours for this condition.

As you can see, a part-time employee might fulfill the first three conditions. But whether they can meet the final condition depends on how many hours they work for you.

How Can Employees Use the FMLA Leave?

Eligible full-time and part-time employees have several options for using their FMLA leave. They can either take their time off all at once or request intermittent leaves.

The FMLA calculates one week as the number of hours an employee typically works for you each week. If a part-time employee works 24 hours a week, that’s what you’ll need to use to find the duration of their FMLA leave. 

But what if the employee works varying hours each week? In that case, you use the average hours they worked per week over the last 12 months.

FMLA-covered employees can use their leaves as they please. Under regulation §825.205, employees can take leaves on an intermittent or reduced leave schedule. 

For instance, let’s say an eligible part-time employee sends in a leave request for 12 weeks of FMLA leave. They work 24 hours each week, so their leave period is 288 hours. 

Their leave schedule could go several ways:

• Single block: The employee may take 24 hours off each week for 12 weeks.
• Intermittent leaves: Employees may take time off as needed until they reach 288 hours. They can take as little as an hour or as much as several weeks off at once.
• Reduced leave schedule: Employees may use their leave to reduce their hours. For example, they could take two hours off each workday (or 10 hours off a week) for 144 workdays (or 288 hours).

Can You Lay Off an Employee on FMLA Leave?

FMLA leave laws offer employees job protection. But note that there are a few exceptions.

According to regulation §825.216 (a), you can lay off an employee on FMLA leave for a reason unrelated to the leave. But you must prove that you’re laying them off for an unrelated reason.

Moreover, you don’t have to restore an employee’s position or offer another if they can’t perform an essential job function due to a physical or mental condition. 

In such cases, the Americans with Disabilities Act (ADA), state leave laws, and workers’ compensation laws determine your obligations.

An employee also loses any job protection if they claim FMLA leave fraudulently. 

Final Thoughts: FMLA for Part-Time Employees — What Employers Need To Know

The U.S. Department of Labor offers part-time employees leave entitlement for family or medical reasons via the FMLA. These aren’t paid leaves. But unlike Paid Family Leave, FMLA provides employees with some job protection.

Navigating state and federal laws can be daunting, especially when you want to provide employees with healthcare and other benefits. But it doesn’t have to be. We can help you get better health benefits for your workers at better prices — talk to us today!