Employees who have worked for their organizations for more than one year total and have worked at least 1,250 hours in the 12 months preceding their need for
That’s why it’s important to track every hour and be ready to show either that the employee is eligible or that she has not worked enough hours to take unpaid leave.
For all practical purposes, that means you will need to track hours worked by , too—even if they aren’t required to punch a time clock.
Recent case: Sharon Gray worked as a school custodian for the Vestavia Hills Board of Education. After 28 years on the job, she filed a comprehensive claim for race and other forms of discrimination. She alleged unfair treatment, lack of promotions and various other claims. Because she had waited a long time on most of her claims, the court dismissed them for being filed too late.
Her last claim was that she had been denied FMLA leave for foot surgery. She claimed there was no evidence she had worked fewer than 1,250 hours in the 12 months preceding her requested leave. But the district had records showing she had worked just 1,235 hours, and was therefore 15 hours short and not eligible for protected leave. Her case was dismissed. (Gray v. Vestavia Hills Board of Education, No. 08-11607, 11th Cir., 2008)
Advice: Every hour counts when it comes to FMLA eligibility. Always check before you approve a request for leave.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Track intermittent leave meticulously when you offset FMLA time with paid leave
- Ask for clear notice of FMLA condition
- It's time to review and revise your employee handbook
- If employee can't return from FMLA leave, it's not interference to terminate