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fmla eligibility
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fmla eligibility
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have a 10 month custodian (195 day employee) who worked less than the 1250 hours within the normal contract year to qualify for fmla. But, he also worked on an hourly basis during the summer which
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fmla eligibility
posted at 8/13/1999 1:18 AM EDT
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Posts: 4
First: 6/23/1999 Last: 8/13/1999 |
We have a 10 month custodian (195 day employee) who worked less than the 1250 hours within the normal contract year to qualify for fmla. But, he also worked on an hourly basis during the summer which brought him up to 1325 hours. Some of 10 month custodians were hired for an extra month with the understanding that the extra time was strictly on an hourly basis, with no accrual of benefits, sick time, etc. Can the extra hours be added to enable him to qualify for fmla, or are the hours excluded because they aren't considered part of the normal work year?
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fmla eligibility
posted at 8/13/1999 4:36 AM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
Whether the "esxtra" hours are covered by benefits or not is irrelevant under FMLA eligiblity considerations for the employee. Employee under FMLA takes on the same definition as it has under FLSA. If you permitted or "suffered" the individual to work at least 1,250 hours in the 12 months prior to the leave, and the employee has worked for you for at least 12 month, then the employee would be entitled to FMLA leave if other qualifying conditions were met. However, in this case, it sounds like the custodian has not yet been employed by you for at least 12 months, but only 10? If so, he wouldn't qualify for FMLA leave until that 12 month threshold was passed. |
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fmla eligibility
posted at 8/15/1999 8:16 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I agree with that previous well reasonsed response. There are two FMLA requirements: employed for one year and for 1250 hours. If the employee meets on criteria and not the other, s/he is not eligible for Federal FMLA leave. Be careful as your state may have a law similar to FMLA with more generous eligibility rules. |
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