Calculating 1250 hours worked for FML

4429354

When calculating 1250 hours in previous 12 months for FML, do you include vacation, PTO and Holiday? Or just regular duty, overtime and limited duty hours?

 

Example - employee worked 1156.11 regular hours, 11 hours OT, 56 holiday hours, 68 vacation hours and 8 PTO hours

If using only regular, OT and limited duty hours = 1167.11 (not eligible)

If you include vacation, PTO and holiday = 1299.11

lydmetoo

I saw your post and remembered that I had read this rule in the BLR FMLA Guidebook.  Here is what it states:

- The number of hours and employee has worked is determined in accordance with the principles established under the FLSA.

- The FLSA requires that nonexempt employees be paid for the hours they actually worked.

- Hours an employee was on vacation or on leave, even if the vacation or leave is paid, do not count as time actually worked and, therefore, are not included in determining if an emplyee satisfies the 1,250-hour threshold.  This is different from the minimum service requirement, where time on sick leave or vacation may be included in determining if the employee satisfies the 12-month requirement.

This would be word for word from the BLR FMLA Guidebook.  Hope it helps.