Tricky FMLA questions: The 12-month requirement
June 5, 2008 by Sam NarisiPosted in: FMLA, Latest News & Views
An employee must work for the company for at least a year in order to be eligible for FMLA. What if the year anniversary takes place during the time the employee wants leave?
Answer: The employee must complete a year of work before the leave starts.
That’s the conclusion of one recent court case. Ten months after he started working, an employee was injured and requested leave starting immediately. His employer refused, because he was still two months shy of being eligible.
He sued, claiming he’d become eligible while on leave, and the first two months of time off would be “transformed” into FMLA-qualifying leave.
The court disagreed: To be eligible, an employee must have worked for 12 months before the leave was set to start.
Cite: Adly v. Supervalue, Inc.
Tags: 12 months, eligibility, FMLA
June 5th, 2008 at 1:47 pm
[...] Tricky FMLA questions: The 12 month requirement By Sam Narisi An employee must work for the company at least a year in order to be eligible for FMLA. What if the year anniversary takes place during the time the employee wants leave? Answer: The employee must complete a year of work before the … HRLegalNews.com - http://www.hrlegalnews.com Maternity Leave in Utah By Tamara The FMLA entitles an employee, by federal law, to 12 weeks of unpaid job-protected leave to care for a newborn infant, an immediate family member with a serious health condition, a newly placed adoptee, or a foster child. … Labor Law Talk Blog - http://blog.laborlawtalk.com [...]
June 9th, 2008 at 11:57 am
[...] Tricky FMLA questions: The 12 month requirement By Sam Narisi An employee must work for the company at least a year in order to be eligible for FMLA. What if the year anniversary takes place during the time the employee wants leave? Answer: The employee must complete a year of work before the … HRLegalNews.com - http://www.hrlegalnews.com [...]
August 27th, 2008 at 1:42 pm
Thanks for these examples. Could we have more? A huge area of concern to our Company.
October 9th, 2008 at 4:28 pm
Question: If the employee is full time (40 hrs) but in her 12 mo prior to 1 yr of employment wants to cut her hours down (not based on dr orders)…do I have to allow that under FMLA prior to the one year? Can I tell her she has to keep the 40 hr work week until she has her 1 yr in? This is a pregnancy issue. Jan 1=1 yr employment. Due date end of Jan. Also, if she wants to cut her hrs down just for her convenience prior to delivery…she gets her 12 weeks starting when? beginning at the time she cuts her hrs? or after delivery? and when she comes back after the 12 weeks do I have to give her 40 hrs back?