FMLA worked here before

njjel

An employee work here for 2 years and came back to work 2 years later. She's worked 10 months to date and now needs FMLA. I believe I read that employer's are to consider former employees that return to work for the same employer who worked 12 months for the same employer previously as eligible for FMLA once they work 1250 hours the second time. Am I correct?

NaeNae55

Right.

Total time worked counts towards 12 months. They must still meet other criteria though.

Good luck!

Nae

mwild31

NaeNae - could you explain it to me? I'm embarassed to say that total time counts towards the 12 months. I thought the regs were talking more about helping to define a "casual" working relationship - I didn't realize that someone could have worked for you 10 years ago and still qualify today if they came back to work with you. Could you provide a reference?

Thanks!

NaeNae55

Sorry to take so long to respond...I have been out of town.

This was discussed in the fmla forum back in June. The thread discussed the fact that the regs don't state the 12 months must be 'continuous'. I believe the court case did imply that anything over 5 years would be too long, but it isn't stated as such in the regs. Hopefully the DOL will give us more clarification soon.

I am going to try to give you a link to the discussion, but just in case it doesn't work just go to the fmla section and find the thread titled 'fmla for a previous ee'.

Here is the link:
[url]http://www.hrhero.com/employersforum/DCForumID15/2247.html[/url]

Good luck!

Nae