FMLA requirements

JudyRoy · February 2003

We have an employee who has worked for us for 10 months. She has the required 1250 hours, but hasn't been working year for a full year. HR says she is entitled to FMLA leave. I was under thre impression that you had to have worked for 12 months before requesting leave. What's the story?

sonny · February 2003

[font size="1" color="#FF0000"]LAST EDITED ON 02-27-03 AT 01:58PM (CST)[/font][p]Your impression is right. . 12 months AND at least 1250 hours. .unless the gurus know something we don't and I know they will share that if they do!!

Whatever · February 2003

I believe you are correct. However, a company can always have a policy that is more lenient than FMLA's 1 year and 1250 hrs. I would check to see what company policy is.

LindaS · February 2003

I would also verify that there is not a state law in place that is more lenient as well.

JudyRoy · February 2003

Company policy states 12 months and 1250 hours.

Gillian · February 2003

A year it is. You will have to go to your HR to find out where the 10 months comes from.

POPEYE · February 2003

Section 825.110 states: To be eligible for FMLA leave, an emplouee MUST have been employed for at least 12 months with the employer and work at least 1250 hours and the 12 months need not be consecutive. Where the more lenient policy would come into play would be if you were so kind as to grant more than the 480 hours entitlement. That's my interpretation for what it's worth!

Rockie · February 2003

You are correct. Both categories have to be satisfied.

FMLA requirements

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