30-Second Summary: The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of job‑protected leave. To determine whether an employee qualifies, employers must look at several factors—including the employee’s worksite. Cocoon does not independently evaluate worksite eligibility. Instead, Cocoon assumes all employees meet FMLA worksite requirements unless employers identify otherwise in their employee census.
Understanding FMLA Eligibility
FMLA eligibility depends on three core requirements:
The employee has worked for the employer for at least 12 months
The employee has at least 1,250 hours of service in the past 12 months
The employee works at a worksite with 50 or more employees within 75 miles
Employers may also need to consider integrated employer status and worksite aggregation when determining eligibility. Let’s break down each requirement.
1. The 12‑Month Employment Requirement
The 12 months of employment do not need to be consecutive. Here’s how the Department of Labor defines it:
Part‑time, temporary, and seasonal work generally counts,
Any week in which the employee is on payroll counts as a week of employment,
Any combination of 52 weeks equals 12 months,
Breaks in service of 7 years or more generally do not count unless:
The break was due to USERRA‑covered military service, or
A written agreement states the employee will be rehired after the break.
2. The 1,250 Hours of Service Requirement
To meet this requirement, an employee must have worked 1,250 hours in the 12 months before their leave begins—about 24 hours per week on average.
Here are a few key points for the 1,250 hours of service:
Only hours actually worked count,
PTO, holidays, sick time, and unpaid leave do not count,
Overtime hours do count,
Time worked as a part‑time, temporary, or seasonal employee counts,
Employees returning from USERRA‑covered military service are credited with the hours they would have worked.
3. The Worksite Requirement: 50 Employees Within 75 Miles
This is the requirement that often causes the most questions.
How the 50‑employee count works
Count all employees on payroll—full‑time, part‑time, seasonal, and temporary,
The count is based on the date the employee gives notice of the need for leave.
How the 75 miles are measured
Measured by surface miles (shortest route using public roads, highways, or waterways).
What counts as a worksite?
A worksite is typically:
The location the employee reports to, or,
The location from which their work is assigned.
A worksite can be:
A single building,
A campus or industrial park,
Multiple nearby facilities.
What does not count as a worksite?
An employee’s home,
For remote or telework employees, the worksite is the office they report to or receive assignments from,
For employees with no fixed worksite (construction, transportation, flight crews), the worksite is the location they report to or are assigned as their home base.
FAQs
What happens if my company is not FMLA‑covered?
What happens if my company is not FMLA‑covered?
If your organization is not considered an FMLA‑covered employer, your employees may still have access to other protections. Many workers qualify for state leave programs or employer‑provided leave even when FMLA does not apply.
If an employee’s leave request is denied or not eligible under your company’s policy or state law, they may still be able to take a leave of absence under the Americans with Disabilities Act (ADA). The ADA may require reasonable accommodations—including job‑protected time away from work—depending on the employee’s medical needs and the essential functions of their role.
What if my company grows into FMLA eligibility?
What if my company grows into FMLA eligibility?
Once your organization meets the 50‑employee threshold for 20 workweeks in the current or preceding calendar year, you become an FMLA‑covered employer.
When that happens, you have two options for updating your FMLA status in Cocoon:
Notify Cocoon Support so our team can update your company’s eligibility.
Update eligibility directly in your admin dashboard by toggling on FMLA coverage once you meet the requirement.
This ensures employees are evaluated correctly for FMLA protections as soon as your organization becomes eligible.
Can employees still take leave if we are not FMLA‑covered?
Can employees still take leave if we are not FMLA‑covered?
Yes. Even if your organization is not an FMLA‑covered employer, employees may still qualify for other types of leave. Many workers can access state leave programs, company leave policies, or short‑term disability benefits depending on your offerings and their location.
These programs can provide wage replacement, job protection, or both—ensuring employees still have pathways to take needed time away from work even when FMLA does not apply.
How do I update Cocoon to toggle FMLA eligibility on or off?
How do I update Cocoon to toggle FMLA eligibility on or off?
Workspace and/or Proxy admins can log into their admin dashboard and then navigate to Settings > Federal & State coverage > Federal > Toggle
This will then trigger for new leaves being submitted will reflect eligibility for FMLA entitlements. This section also allows you to set eligibility for all state programs as well.
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