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Apr24

FMLA time accumulated during non FMLA (other) leave

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My question is in regards to the new regulation on non FMLA (other) leave counting towards the 12 month requirement for FMLA leave. For instance, someone who is off on Worker’s Comp leave for 6 months. While they are on W/C leave do they become FMLA eligible at the 12 month time, even if they don’t have the 1250 hours worked?

No. Under FMLA, the employee must have actually worked 1250 hours in the past 12 months. The time is calculated backwards from the employees first day of an absence. Vacations, sick time, PTO, personal leave and other types of paid time off do not count towards the 1250 hours. Unpaid leave of any type including workers comp does not count towards the 1250 answers.

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This entry was posted on Friday, April 24th, 2009 at 7:27 am and is filed under
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3 Responses to “FMLA time accumulated during non FMLA (other) leave”

  1. FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update April 27, 2009 Says:
    April 26th, 2009 at 11:02 pm

    […] ยป FMLA time accumulated during non FMLA (other) leave Human … By Caitlin My question is in regards to the new regulation on non FMLA (other) leave counting towards the 12 month requirement for FMLA leave. For instance, someone who is off on Worker’s Comp leave for 6 months. While they are on W/C leave do … Human Resource Blog - http://www.humanresourceblog.com/ […]

  2. Julie Dennison Says:
    April 28th, 2009 at 9:33 pm

    Time served on military leave does count toward the 1250 hours — an exception you do not note in your response.

  3. Caitlin Says:
    April 29th, 2009 at 9:03 am

    Hi Julie! Thanks for bringing up an excellent point!~ Caitlin

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