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FMLA Questions
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My understanding is that in order to qualify for FMLA a company has to have more than 50 employees and the employee has to be employed for 12 months. I have an employee who just informed me that she i
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Forums » Topic Forums » Recruiting & Staffing » FMLA Questions
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FMLA Questions
posted at 4/3/2008 10:29 AM EDT
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Posts: 2
First: 4/3/2008 Last: 4/3/2008 |
My understanding is that in order to qualify for FMLA a company has to have more than 50 employees and the employee has to be employed for 12 months. I have an employee who just informed me that she intends to request the 12 weeks of FMLA leave. At the time she expects to take leave, she will have worked for the company for less than 10 months. The shift that she works is an overnight shift where she is the only employee on duty. We are a small company of of much less than 50 employees and our staffing is at the level where we just have enough coverage and if someone is out on this shift, we have to pull in other employees to work overtime from the day shift. This also results in our being short staffed on other shifts. In addition, it requires at least six months of training before an employee can work independently. The employee has indicted she expects us to hold her position for her. My questions are do we have to hold the position for her and do we have to offer her any compensation during this period if we do hold the position. We are an at will state with no employment contract in place either. I appreciate any legal advice I can obtain. Thanks. |
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FMLA Questions
posted at 4/4/2008 8:10 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
You're only partially right on the time requirement. In order to be eligible, an employee must have been employed for either 12 months or have completed 1000 hours of service. If she's full time and has been employed for 10 months, she's well past the 1000 hour requirement and is eligible for FMLA |
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FMLA Questions
posted at 4/4/2008 8:37 AM EDT
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Posts: 228
First: 11/1/2006 Last: 1/20/2010 |
Employee Eligibility:
To be eligible for FMLA benefits, an employee must work for a covered employer and: 1. have worked for that employer for at least 12 months (which can be nonconsecutive); and 2. have worked at least 1,250 hours during the 12-month period immediately preceding the leave; and 3. work at a location where 50 or more employees are employed by the employer within 75 miles of that location. Back to top |
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