Confused on 1250 hours

dixied · February 2004

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!

juju · February 2004

It is my understanding that the employee must actually physically work the 1250 hours. Vacation/holiday/sick time and previous FMLA time do not count toward that total.

dixied · February 2004

Thanks for your input. That has always been my understanding also. I was checking to see if the guidelines had changed.

Don D · February 2004

I agree with juju. Remember also that days taken for approved FML cannot be 'counted against' an employee in considering things like 'attendance awards', 'perfect attendance' or in any other regard.

Confused on 1250 hours

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