Determining eligability

mrsbowden

Okay..I understand the basics of determining eligability for FMLA

-must work at least 12 months prior to leave
-work at least 1250 hours in last 12 months

my problem is this....

I can calculate hours worked for hourly employee easy, I just look at the hours worked and subtract out the sick and vacation time taken and then I have my total for the last 12 months


The salary people (which most at my organization are) I don't really know how to determine hours worked. We don't track time in and out for salary employees of course So what are some suggestions on how to determine salary ee 1250 hour eligability? HELP :-S

The only thing Ihave read just keeps telling me I have the responsibilty as the er to prove the ee HAS NOT worked 1250...I am confused at this point on how I would even do that, do I just assumen all salary persons qualifiy unless they have take x number of vac/sick days off in the last 12 months?

marc

Exempt EEs are assumed to have met the 1250 hour requirement if they have worked steadily over the past 12 months.

The problem arises if the exempt EE has not had steady service, then you must determine what the regular work week looks like. Keep in mind that the 12 weeks or 480 hours may be reduced if the work is not steady. If the EE' regular work is 30 hours a week, then they only qualify for 360 hours over the 12 week period or some other intermittent period.

mrsbowden

Marc,
Thank you for your response, now my question is if I assume exempt employees have met the 1250 hour requirement(granted if they work steadily over the last 12 months)

Non-exempt employees do I need to check there actual hours worked and subtract out any sick/vac time?

I am assuming this answer to my question is yes, but I just want to double check and get some experience insight!

Thanks again x:)

marc

Yes.

Don D

>Non-exempt employees do I need to check there
>actual hours worked and subtract out any
>sick/vac time?
>
>I am assuming this answer to my question is yes,
>but I just want to double check and get some
>experience insight!
>
No. I think you meant to say you "need to check their actual hours PAID and subtract out any sick/vac time".

With non-exempts, it's actual hours WORKED, not those in pay status. With exempts, it's correct that they are assumed to have met the 1250 within the 12 months employed, unless you know otherwise.

I think I just had an epiphany; but, I'll have to look to be sure.........

mrsbowden

DonD you are right I meant actual hours PAID then subtract out any sick/vac time.

Thanks x:)