FMLA Time requirement for Eligibility
rla
32 Posts
I have an employee who will go on FMLA tomorrow for the birth of her child. We have all of our ducks in a row with her and have no problems. But, she came to me today with a problem regarding her spouse's employer. Please review and advise.
He has worked for the employer for 10 months this time, previously he worked for them for 8 years with a two year break in employement. He has the required number of hours to quality. He took in all of the proper paper work to apply for his FMLA and was denied the leave and was told he had not worked the required 12 months. He is non-exempt and the leave would be unpaid. He is requesting 3 weeks due to the fact that the birth will be a c-section and they have a toddler at home and he will be needed to help.
Question is how can they do this? We would count all time worked, as I interpet the law to require the employer to do this.
Thanks in Advance.
He has worked for the employer for 10 months this time, previously he worked for them for 8 years with a two year break in employement. He has the required number of hours to quality. He took in all of the proper paper work to apply for his FMLA and was denied the leave and was told he had not worked the required 12 months. He is non-exempt and the leave would be unpaid. He is requesting 3 weeks due to the fact that the birth will be a c-section and they have a toddler at home and he will be needed to help.
Question is how can they do this? We would count all time worked, as I interpet the law to require the employer to do this.
Thanks in Advance.
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