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More FAQs

Are all employees who are protected by Title VII or the ADA also entitled to leave under the FMLA?

Answer:

No. Employees protected by Title VII or the ADA must be independently "eligible" for FMLA leave. "Eligibility" for FMLA leave depends on several factors, for example, length of service. In addition, an individual must be employed by an FMLA-covered employer with 50 or more employees to obtain FMLA leave.

Source:

The Family Medical Leave Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964. An 11-page fact sheet, in question and answer format, published by the EEOC. This fact sheet is available upon request in alternate formats. Write or call EEOC's Office of Communications and Legislative Affairs, 1801 L St., NW, Washington, DC 20507, 202-663-4900, 202-663-4494 (TTY)

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