COVID-19 & Your Business: Frequent Questions

Does the Emergency FMLA Expansion Act apply to part-time employees without regard to the number of hours they have worked once they have been employed for 30 calendar days?

There is no hourly requirement in the statute for the Emergency FMLA Expansion Act. The Act states only that eligible employees are those who have been employed for at least 30 calendar days. The DOL Guidelines state, “You are considered to have been employed by your employer for at least 30 calendar days if your employer had you on its payroll for the 30 calendar days immediately prior to the day your leave would begin. For example, if you want to take leave on April 1, 2020, you would need to have been on your employer’s payroll as of March 2, 2020.” (DOL Guidelines #14.)

Last updated April 9

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