Qualifying for FMLA while on LOA

Rockie

Case in Point: Employee goes out on pregnancy and not qualified at the time for FMLA as she did not meet the year's requirement. While she is out, she meets the year's requirement for FMLA.
She, of course, meets the # hours worked.

1. Does she then qualify for FMLA?
2. How much additional time does she get?

LivindonSouth

She qualifies for FMLA at the point when she has been employed for a year. She has 12 weeks from that point during the next rolling 12 months, if that's how your year runs.

I suppose at that point in time you start the FMLA clock concurrently with whatever else she is on. Do be sure to advise her by certified mail, explaining in detail when it starts and her maximum entitlement and how the pay is treated. And tell her they are running concurrently.

Geno

Rockie,

Did the employee notify the employer of her need for FMLA prior to her departure?

If she did, what was she told? In other words, was she told that she would become eligible on such-an-such date?

LivindonSouth

Can you explain the relevance of those points? Regardless of what she might have been told, or whether she was told nothing at all, the Act is very specific on the subject. She becomes eligible when she becomes eligible.

Had she been told she is not eligible, she will be eligible.

Had she been told she will become eligible, she will be eligible.

Had there been no conversation, she will be eligible.

Had she been told 'I don't know', she will be eligible.