FMLA Eligibility Expanded?

marcus

I just learned that a judge on the East coast ruled that an employee's entire time on the payroll - including Paid Time Off - counts towards federal FMLA eligibility. The case was Ruder v. Maine Medical. Does anyone know if this has been appealed? The law is already broad enough.

Don D

29 CFR 825.110 says "Has been employed for at least 1250 hours of service during the 12-month period...." then also goes on to say "...has worked for the employer for at least 1250 hours in the past 12 months......." and also says "...1250 hours of service is determined according to the principles established under the FLSA for determining compensable hours of work." But then there's also the statement in that same section, "The employer has the burden of showing that the ee has not worked the requisite hours." So, it does seem unclear to me whether the hours in question are meant to be COMPENSABLE HOURS PAID, HOURS WORKED, TIME WITH THE COMPANY or HOURS ON THE PAYROLL. Maybe the case you mention will clarify it.