FMLA eligibility
rroberts
34 Posts
ugh, FMLA.. I have an employee who had surgery and needs to be off for 8 weeks. She worked for 14 months, then had to voluntarily quit due to incarceration and was gone for 1 month. She was rehired and has been employed now for 9 months. Is she eligible for FMLA?
Comments
29 CFR 825.110 - Which employees are ``eligible'' to take leave under FMLA?
The 12 months an employee must have been employed by the employer need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the employer (e.g., workers' compensation,group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as ``at least 12 months,'' 52 weeks is deemed to be equal to 12 months.