Renewal Eligibility

LindaS

I have several employees (non-exempt) who, due to various reasons, do not have the requisite 1,250 hours in 2003 to allow them a renewed approval for FMLA for 2004. Here are my questions:

1) If I deny their FMLA requests now, once they have 1,250 hours in 2004 am I required to grant their request for the remainder of the calendar year?

2) If so, at the point they have their 1,250 hours in am I required to notify them of the fact and have a new certification completed?

3) Or is their denial for the entire calendar year (since this is the year we use)?

Any help would be appreciated.

Don D

Look at it this way. If you deny a request based on their ineligibility, that denial is good for one day only. Tomorrow is a new day and they may indeed be eligible tomorrow. If I had denied one in this case, I would feel some obligation to write them and tell them they are eligible. But, if I had told them upon denial that it is their obligation to track that and reapply at a later date or to inquire as to eligibility, then I would leave the monkey on their back.