FMLA over 1250 hours but not quite 12 months

lmccoy

We have an employee who advised he will be out for surgery for approximately 3 months. He has worked 1250 hours but will not make 12 months until September. Do we have to offer him FMLA once he reaches the 12 month anniversary because technically he is still on our payroll and benefits? This employee was also scheduled to be laid off next month due to a reduction in workforce (he was the last hired in his department). He had not been advised of this. How does this affect the FMLA?

LindaS

In order to be eligible for federal FMLA (your state law, if there is one, may vary), an employee must complete BOTH the 12 months and 1250 hours, not just one or the other. You always have the option of going above and beyond the law but remember once you do for one, you have to do for all.

As far as his layoff, as long as you have sound business reasons, and documentation, for the decision you can go ahead and follow whatever your plans were. FMLA does not provide an employee any more protection that any other employee regarding RIFs, etc.