Q. We have an employee with a chronic health condition who began takingin 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-monthyear. 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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- FMLA: Who is considered a 'key employee'?
- Expect litigation if you try to quibble over return-to-work schedule following FMLA leave
- Contractor or employee? New IRS audits turn up heat on worker misclassification
- Offering extra leave beyond FMLA? You don't have to extend job return rights