Does vacation time count as hr. worked for FMLA

njjel

Also, what about holidays, are those hours counted as hours worked toward the 1,250 hour requirement? Can someone site where that is in the reg please?

Susan in La

Hours worked do not include time off with pay, only hours actually physically on the job.

njjel

OK. CAn you tell me where I can find that in the reg? I am having an ongoing issue with a superior who says that it does count! Thanks!

FunHRBanker

From the DOL website, "Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work."

[url]http://www.dol.gov/dol/topic/benefits-leave/fmla.htm[/url]

I looked up the FLSA explaination and it only addresses the time that an employee is "suffered or permited to work" and further explains work time, break time, meal time, travel time, etc. You may want to check your state regs also though.