What are the requirements for leave under FMLA?

Jane has been employed as a poncho seamstress at Paul’s Poncho Shop for 13 months.  Paul’s Poncho employees approximately 45 employees most of which are full-time.  Jane works approximately 1,240 hours per annum.  Jane suffers from seasonal allergies which causes nasal stuffiness and watery eyes.  During the spring, Jane’s allergies began to cause her some discomfort and she sought treatment from the Minute Clinic at CVS.  The Nursed practitioner at Minute Clinic recommended that Jane take Sudafed, an over the counter allergy medicine.  Jane purchased the medicine which helped with her allergies but caused her to experience drowsiness.  Jane had previously used up all of her sick time and had no vacation time left.  Jane went to HR to apply for leave under the Family Medical Leave Act.

1. Does Jane qualify for the leave?  Why or Why not?
2. What are the requirements for leave under FMLA?

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