FMLA - 12 month employment period

I read an article regarding case O'Connor v. Busch's Inc. stating that the 12 month employment period can span 20 years. The courts found in favor of the employee even though they had not recently worked for a consecutive 12 months. We rehire employees on a regular basis. I have an employee who is out due to an illness. He was rehired in 2010, but worked for us for a few months in 2009 too. Do I need to total all his hours from 2009 and 2010 till present time to see if he meets the 1250 hour requirements for FMLA?



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  • There are 2 different qualifications, not one.

    The 12 month employment period is a one time qualification. Once they meet it, they are permenently qualified for FMLA, provided they meet all other qualifications.

    The 1250 hours qualification is an ongoing thing. They have to have worked 1250 hours in the [I]past 12 months[/I]. If they worked 600 in the last 12 and 700 in the prior 12, it is not enough to qualify them.

    If they have a total of 12 months working for you, but only worked 6 of the last 12 months and still managed to put in 1250 hours, then they qualify.

    Hope this helps. Good luck!
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