Employees have to work at least 1,250 hours in the preceding year to be eligible for. If an employee requests leave to deal with a medical issue and is close to achieving that threshold, inform her. Maybe she can wait until she’s covered by the .
Recent case: Anne was a part-time surgical technician. Although she was otherwise eligible for FMLA leave, she hadn’t worked more than 1,250 hours in the previous year. She asked for time off to care for her ill father, but was turned down and fired when she left to care for him.
She sued, alleging that she was 300 hours short and should have been told when she would become eligible. The court disagreed, saying that, in this case, the eligibility was too far off. (Castay v. Ochsner Clinic, No. 14-30435, 5th Cir., 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- For a quick trip to court, allow casual accommodations for some but not others
- 10 warning signs of low morale ... and 8 ways to boost it
- Don't change job duties on return from FMLA leave
- Employee (not you) is responsible for filing FMLA certification on time