Confused on 1250 hours

I am trying to determine if an employee will be eligible for 12 weeks FML. During the last 12 month period, she physically worked 1038.25 hours.
My question is - do I count the FML hours (450) she used in 2003 as hours worked?

I attended a "seminar" in November where an attorney stated that FML hours taken in the prior year should not be held against the employee in determining the 1250 hrs. worked eligibility. I have not been able to locate anything in writing to this affect.

Thanks for your wisdom!


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