Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Welcome to the Legal Forum. Before posting, you may want to look through past pages of this Forum to see if your question has been answered. Also, search the Research Center.
Please note that this forum is for workforce-management professionals only, and not for employees.
Posted: 2002-04-25 10:55
I'm sure this topic has been covered, but I can't find it on the previous Forum pages. In order to determine if an employee has worked 1,250 hours in the previous (we use rolling) year, are paid vacation days counted or excluded? The regulation says that paid and unpaid "leave" days aren't counted, but I have found two other web sites that have conflicting answers regarding paid vacation. I can't believe this hasn't come up before, but this is the forst one we have had that is that close. Thanks
klazo
Joined: Jan 11, 2002 Posts: 105
Posted: 2002-04-26 03:58
Sorry to answer my own question, but I think I found it. Under the FMLA home page of the dol site, I found a reference page that indicates the 1,250 worked hours is defined by the FLSA and the FLSA does not include vacation, or other infrequent leave time, as hours used to figure the hourly rate. Could they make this any more difficult...oh yeah....ADA! Thanks.
Forum Hosts Legal Forum Host
Joined: Dec 20, 2001 Posts: 521
Posted: 2002-04-26 07:36
Confirming your own answer to your question, the DOL regs. explain that inquiry is hours "worked", and that "[a]ny accurate accounting of actual hours worked under FLSA's principles may be used."
DanaHulme
Joined: Apr 06, 2004 Posts: 6
Posted: 2004-05-06 11:49
It does not appear to me that vacations ARE exluded from the 1250 hours as long as an employee is still covered by co benefits. See CFR 825.110(c)- which states that as long as 'ee is maintained on payroll for any portion of the week, including any period of paid/unpaid leave and is getting benefits, the week counts as a week of employment. I was researching this myself as I have an employee who did not physically work 1250 hours in past 52 weeks, but was collecting sick pay (and full health benefits). As soon as she is finished her 8 weeks (paid) maternity, she is going off on 8 weeks FMLA. As much as I was hoping to prevent it, the ruling seems clear (or am I missing something??) that she is eligible for leave. Anyone have any thoughts on this?
LSchmid
Joined: Feb 05, 2003 Posts: 245
Posted: 2004-05-06 12:08
Dana -
I think you are confusing the two issues regarding FMLA eligibility. In order to be an eligible employee, you must work 52 consecutive weeks AND work 1,250 hours. The section you are citing refers to the 52 week eligibility portion. The portion regarding the hours eligibility states that hours worked are hours as defined in the FLSA, meaning that vacation, sick pay, FMLA, layoff, or other time missed does NOT count toward the hours requirement.
eldredgew
Joined: Jun 01, 2004 Posts: 1
Posted: 2004-06-01 07:04
Posting to clear up something... the 1250 hours must be worked in the preceeding 52 weeks, but the seperate 12 months of employment is NOT consecutive. Any part of any work week worked is counted and a TOTAL of 52 weeks are required.
The Business of Management
Workforce Management editor John Hollon analyzes and comments on business, management and the art of leading a workforce.
Workforce Washington
Washington staff writer Mark Schoeff Jr. provides an insiders insights to the workings of our nations capital from the workforce management perspective.
Global Work Watch
Staff writer Ed Frauenheim blogs about how companies worldwide marshal and manage their workers.
= Member Only
Posted: 2002-04-25 10:55 
