FMLA eligibility

rroberts · June 2006

ugh, FMLA.. I have an employee who had surgery and needs to be off for 8 weeks. She worked for 14 months, then had to voluntarily quit due to incarceration and was gone for 1 month. She was rehired and has been employed now for 9 months. Is she eligible for FMLA?

Myrna Minkoff · June 2006

I believe that as long as she has worked 1,250 hours in the preceding 12 month period that she is eligible even though she had a break in service. The 12 months need not be consecutive. You may want to review 29 CFR 825.110.

lnelson · June 2006

[font size="1" color="#FF0000"]LAST EDITED ON 06-27-06 AT 02:42PM (CST)[/font][br][br] My mistake she would be qualified can I blame it on brain freeze. #-o
29 CFR 825.110 - Which employees are ``eligible'' to take leave under FMLA?

The 12 months an employee must have been employed by the employer need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the employer (e.g., workers' compensation,group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as ``at least 12 months,'' 52 weeks is deemed to be equal to 12 months.

Myrna Minkoff · June 2006

I don't understand why you think she wouldn't be eligible - the reg is clear that the 12 months need not be consecutive. Based on the original post, the EE worked 14 months, quit for a month and then worked for 9 months - as a result, she meets the 12 month requirement. As long as she has worked 1,250 hours in the preceding 12 months, then I don't think there is any questions that she is eligible.

VS · June 2006

Yes, she's eligible. Agree with everyone else.

FMLA eligibility

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