>Are part time employees eligable for FMLA after the birth of a child?
Providing you are a covered entity, the FMLA regulations state that an EE must have been employed for at least 12 months and has 1250 hours of service during the 12 month period immediately preceding the commencement of the leave. If my math is correct, the EE would have to average a little over 24 hours a week.
In addition to the above, my information shows the following:
The amount of leave to which a part-time employee is entitled is determined on a pro-rate basis by comparing the employee’s NEW work schedule with the employee's NORMAL work schedule.
For example, if an employee normally works 30 hours per week and begins a reduced-leave schedule of 20 hours, the 10 hours constitutes 1/3 of a week for each week of the reduced-leave schedule. An employer can think of this in terms of an “hour bank”. If the employer's "full time" status is determined by working 35 hours and "part-time" employee "A" normally works 15 hours - this is 42.9% of full-time hours. A full-time employee is entitled to 420 hours of leave (35 x 12). Therefore part-time employee "A" is entitled to 180.18 hours of Family Leave.
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Providing you are a covered entity, the FMLA regulations state that an EE must have been employed for at least 12 months and has 1250 hours of service during the 12 month period immediately preceding the commencement of the leave. If my math is correct, the EE would have to average a little over 24 hours a week.
The amount of leave to which a part-time employee is entitled is determined on a pro-rate basis by comparing the employee’s NEW work schedule with the employee's NORMAL work schedule.
For example, if an employee normally works 30 hours per week and begins a reduced-leave schedule of 20 hours, the 10 hours constitutes 1/3 of a week for each week of the reduced-leave schedule. An employer can think of this in terms of an “hour bank”. If the employer's "full time" status is determined by working 35 hours and "part-time" employee "A" normally works 15 hours - this is 42.9% of full-time hours. A full-time employee is entitled to 420 hours of leave (35 x 12). Therefore part-time employee "A" is entitled to 180.18 hours of Family Leave.