The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for certain family or medical reasons. While FMLA is a federal law, Arizona also has a state law called the Arizona Family and Medical Leave Act (AFMLA). It provides almost the same protections but with a wider variety of employers.

The following are the primary federal law eligibility requirements under FMLA:

Employer Size

• Employers must have 50 or more workers. In addition, they should be located within 75 miles of the employee’s place of employment are covered by the FMLA.

Employee Eligibility for FMLA

• The employee must have worked for their employer for a minimum of 12 months. Note that these months don’t have to be consecutive.
• The employee must have completed a minimum of 1,250 hours in the past 12 months prior to the start of the FMLA leave.
• The employer must have at least 50 employees on every working day. This should be within the duration of 20 or more calendar workweeks in the current or previous calendar year.

Qualifying Reasons for FMLA Leave

Employees may use their FMLA leave for any of the following, among other qualifying reasons:

• Birth and care of a newborn child
• The placement of a child for adoption or foster care
• The care of a spouse, child, or parent with a serious health condition, or
• The employee’s own serious health condition

Now, for the Arizona Family and Medical Leave Act (AFMLA):

Arizona’s AFMLA is distinct from the federal FMLA and offers extra safeguards. It applies to a broader variety of employers, including those with as little as 21 people. While it is identical to federal law, there are some significant differences:

Employer Size

• Employers with 21 or more employees are covered by the AFMLA.

Employee Eligibility

• Eligible employees for AFMLA leave are those who have worked for their employer for a minimum of three consecutive months prior to the start of the leave.

Qualifying Reasons for Leave

AFMLA allows employees to take leave for reasons similar to the federal FMLA:

• Childbirth
• Adoption of a child
• Caring for family members with a serious illness, or
• The employee’s own serious illness

Leave Entitlement

• AFMLA allows for up to 12 weeks of unpaid leave each year.

Know that AFMLA runs concurrently with FMLA if an employee is eligible for both. The employee’s leave time is counted against both the federal and state coverages.

Eligibility and leave rights can be difficult to understand. If you are unsure whether an employee is eligible for FMLA or AFMLA, contact the employer’s human resources department or legal counsel.