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FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour. The employer must allow employees to use FMLA leave in the smallest increment of time the employer allows for the use of other forms of leave, as long as it is no more than one hour.
If an employer chooses to use the first two options, an employee could possibly stack leave, that is, use more than 12 consecutive weeks of FMLA leave for one qualifying reason or for multiple reasons.
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.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.