Is the employee’s eligibility for FMLA/CFRA based on the current or preceding year?

The determination of whether an employee has worked for the employer for at least 1,250 hours in the last 12 months and has been employed by the employer for a total of at least 12 months must be made as of the date the Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA) leave is to start. For FMLA benefits only, whether 50 employees are employed within 75 miles to ascertain an employee's eligibility is determined when the employee gives notice of the need for leave.

An employee who is not eligible for family and medical leave at the start of a leave because they have not met the 12-month length of service requirement may, nonetheless, meet