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The employee's actual workweek is the basis for determining the employee's FMLA leave entitlement. An employee does not accrue FMLA leave at any particular hourly rate. FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour.
If an employee is sick for two weeks, then later must care for their spouse for three weeks, they would be allowed to take the leave separately. So long as the total does not exceed twelve weeks, the employee's job would be protected. This schedule is known as intermittent FMLA leave.
Generally, private employers with at least 50 employees are covered by the law.
An employee must have been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave. The hours of service are counted for the 12-month period immediately preceding the leave and generally must be actual hours worked by the employee.
Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.