FMLA – Back To Basics – Eligibility vs. Entitlement

A common error in both FMLA policies and communications to employees seeking FMLA leave involves misuse of the word "eligibility" (or "eligible") when in fact the intention is to refer to "entitlement" or vice versa.  Using these words correctly will help ensure clarity as to whether an employee may or may not take FMLA-protected leave, and if not, the reason for this determination.

Eligibility

FMLA "eligibility" refers to whether an employee meets the preliminary requirements to even be considered for FMLA leave in the first place.  In order to be "eligible" for FMLA leave, an employee must satisfy three requirements:

1. Have worked for the employer for at least 12 months as of the date the leave is to begin;