The FMLA covers all local, state and federal government agencies, regardless of the number of employees. But like employees of private companies, government employees have to work at a worksite that has 50 or more employees within 75 miles, and to have worked for the employer a minimum of 1250 hours over the last year. Federal courts currently are split on whether or not you can recover monetary damages under the FMLA if you are a state employee, but a state employee may be protected under state law. If you are a state employee who has been denied FMLA leave, you may need to discuss your individual situation with an attorney to figure out how best to proceed.