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FMLA in New Mexico

FTFT 12 Posts
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We have an employee who has worked more than 1250 hours but is short of the 12 months. Do we have an option of not offering FMLA? Thank You.
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  • NaeNae55NaeNae55 3,243 Posts
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    The law requires 12 months and 1250 hours, not one or the other. But having said that, be careful! There was a recent court case where the employee was just short (1 week) of the full year and the employer refused the leave. The employee had enough vacation time available to take them through the full year, so the court ruled that the employee should have been granted the leave. The court decided the employee should have been granted one week vacation (which would bring them up to 12 months) and then granted 12 weeks of fmla (for a total of 13 weeks).

    Good luck!
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