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fmla & lay off
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fmla & lay off
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have a plant that had temporary lay off for some of the employees due to lack of work. They were laid off 3 months. Because of the lay off one of the employees has dropped below 1250 hours. He has
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fmla & lay off
posted at 9/24/2009 7:52 AM EDT
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Posts: 13
First: 2/18/2009 Last: 9/20/2010 |
We have a plant that had temporary lay off for some of the employees due to lack of work. They were laid off 3 months. Because of the lay off one of the employees has dropped below 1250 hours. He has now asked for a week fmla leave. Can we legally deny FMLA because of hours worked if they were on lay off? |
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fmla & lay off
posted at 9/24/2009 8:28 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Yes, the 1250 counts by hours worked. Unfortunately, there is nothing in the law that takes into account why the worker wasn't able to work enough hours.
Depending on whether you want to set the precedent though, your company could always allow this employee the same time/benefits he would have received under FMLA if he had not been on layoff. If he is an exempt employee taking intermittent time, the employer would have to pay his full salary each week, since this is truly NOT FMLA time. But you would need to apply this to any employee under 1250 hours due to layoffs. |
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fmla & lay off
posted at 9/24/2009 8:49 AM EDT
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Posts: 245
First: 2/5/2003 Last: 10/7/2009 |
While I agree with what Rrupert is saying I caution you that the time the EE is off work on leave cannot be counted against his FMLA allotment. His FMLA allotment does not start until he fully qualifies and at that point he would be eligible for the entire 12 weeks. |
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fmla & lay off
posted at 9/24/2009 9:25 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Totally agree that it couldn't be counted against his 12 week FMLA allotment once he gets to the point where he actually has 1250 hours and is eligible for FMLA.
But on the flip side, the employer could be buying lots of goodwill and loyalty during a time where it might very well be needed. But then again, all of our companies have leave policies outside of FMLA because many of our employees wouldn't qualify due to lack of hours. |
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