FMLA Time Requirements

slogan

FMLA says an employee must be employeed for at least 12 months and/or have workewd for 1,250 hours in the previous 12 month period of time. So I have an employee who started to work here in January (2004). He has not been here for 12 monsths but has definitely worked more than 1,250 hours. He was in an auto accident last week & will be off for at least 6-8 weeks. He only has 3 weeks of sick & vacation time. So after that is used up, can we put him on FMLA since he has not been here 12 months?

POPEYE

>He >only has 3 weeks of sick & vacation time. So
>after that is used up, can we put him on FMLA
>since he has not been here 12 months?


Check out section 825.110 (d) of the REGS.

marc

Good reference Popeye.

It is always good to go to the source. In this case, 3 weeks of sick and vacation will put him into January, but we don't know if it crosses his anniversary date.

In our shop, if the EE is in good standing, he/she can apply for a leave of absence or apply for catastrophic leave (other EEs can donate vaction time). Either of these leaves could be used to get the EE across the qualifying FML threshhold.

We have done this a couple of times in the past two years.

Don D

The law specifies both, not either/or. It is up to your company if they want to offer a benefit greater than the entitlement required by FMLA. If you follow the law precisely, you would not put the person on FMLA until the beginning day of their 13th month of employment. The time between then and now is up to the company and its attendance policy. Of course the same, tired old "consistency and precedence" warning comes with this response.