One criterion for employees to be eligible for
That’s why it’s important to track employees’ hours, even hours worked by , too.
As the U.S. Department of Labor (DOL) says, “In the event an employer does not maintain an accurate record of hours worked by an employee, including for employees who are exempt from the … the employer has the burden of showing that the employee has not worked the requisite hours. In the event the employer is unable to meet this burden, the employee is deemed to have met this test.”
Recent case: Sharon Gray worked as a custodian at a Florida school. After 28 years on the job, she filed a lawsuit claiming all types of discrimination. But because she waited too long to file most of her claims, the court dismissed them.
Her final claim was that she had been denied FMLA leave for foot surgery. She claimed there was no evidence she’d worked fewer than 1,250 hours in the previous 12 months. But the district had records showing Gray had worked just 1,235 hours, and was therefore 15 hours short and not eligible. Her case was dismissed. (Gray v. Vestavia Hills Board of Education, No. 08-11607, 11th Cir., 2008)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8877/keep-solid-time-records-to-prove-whether-employee-is-eligible-for-fmla-leave "
- Inject more oversight, responsibility into flex schedules
- Poorly drafted policies grant unintended rights
- Do we have FMLA reinstatement obligations if employee asks for leave and then quits?
- Carefully account for all FMLA leave absences
- Do you work for a state agency? Know FMLA's limitations on leave for self-care