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FMLA intermittent leave and hours worked

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in FMLA Guidelines,Human Resources

Q. We have an employee with a chronic health condition who began taking FMLA intermittent leave in February. She had worked more than 1,250 hours in the 12 months before the leave started. By June, she had dropped below 1,250 hours. Does she lose her eligibility now?

A. According to the U.S. Labor Department, employees need only satisfy the 1,250-hour eligibility test once during the 12-month FMLA leave year. That point is at the start of a series of intermittent absences, if all involve the same FMLA-qualifying serious health condition.

The employee remains entitled to FMLA leave throughout that 12-month period, even if the 1,250-hour calculation is not met at some later point in the 12-month period. Eligibility isn’t recalculated until 12 months have passed from the first intermittent-leave absence.

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