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Minutes—not just hours—count when figuring FMLA eligibility

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in FMLA Guidelines,HR Management,Human Resources

When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?

The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year in order to take FMLA leave.

The case is Pirant v. U.S. Postal Service, No. 07-1055, 7th Cir., 2008.

Trouble at the post office

Antoinette Pirant started working for the U.S. Postal Service in 1993. She had a tumultuous employment history. She was terminated at least four times and received several multiple-day suspensions for poor attendance. Each time she was terminated she begged her supervisors to change their minds and just suspend her instead. Surprisingly, they did.

Pirant entered into a “last chance agreement” in March 2001. The agreement s...(register to read more)

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