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Approving FMLA
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Approving FMLA
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I have an employee who was hired on 1/1/2009. She is now requesting FMLA to have surgery. Her first day out on leave was 12/4/2009 so she did not meet the 12 months, 1,250 hours requirement. Effective
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Approving FMLA

posted at 1/5/2010 9:15 AM EST
Posts: 16
First: 12/17/2008
Last: 10/29/2010
I have an employee who was hired on 1/1/2009. She is now requesting FMLA to have surgery. Her first day out on leave was 12/4/2009 so she did not meet the 12 months, 1,250 hours requirement. Effective 1/1/2010 she has been employed for 12 months. Does this mean she is now eligible for FMLA effective 1/1/2010? Does she have to complete a new request form? Thanks for your help.

Approving FMLA

posted at 1/5/2010 9:30 AM EST
Posts: 155
First: 8/24/2009
Last: 2/9/2010
Yes she is eligible. If it were me I'd use the original request but show the first day approved as 1/1

Approving FMLA

posted at 1/5/2010 9:35 AM EST
Posts: 16
First: 12/17/2008
Last: 10/29/2010
Great thank you for your help!

Approving FMLA

posted at 1/6/2010 8:07 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Just a note that the 12 month service and 1250 hours in the last year are two separate requirements. An employee could have the service but not the hours, or the hours but not the service and they would still not be eligible.

As long as she meets both, her FMLA would start 1/1/10. Otherwise it would start when she meets 1250 hours.

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