FMLA time accumulated during non FMLA (other) leave
 |
||||||||||||||||||||||||||||||||
 |
Benefits |
 |
||||||||||||||||||||||||||||||
 |
||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||
 |
||||||||||||||||||||||||||||||||
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.
Tags: FMLA, unpaid leave, workers comp
This entry was posted
on Friday, April 24th, 2009 at 7:27 am and is filed under
Benefits.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.
5 Responses to “FMLA time accumulated during non FMLA (other) leave”
Leave a Reply
-
Ask a Question
Categories
- Attendance Management (1435)
- Benefits (2003)
- Compensation (2322)
- Employment Training (329)
- Hiring and Staffing (1017)
- Human Resources Management (4191)
- Labor Laws (1552)
- Management / Leadership Development (357)
- Performance Management (244)
- Structural Development (41)
- Termination (744)
- Workplace Health & Safety (345)
- Workplace Management (498)
Blogroll
Archives
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
Recent Posts
-
salary employees
May 16th, 2012 -
FMLA Notification Days Allowed
May 16th, 2012 -
Transition from PT to FT vacation accrual
May 16th, 2012 -
california family rights act
May 15th, 2012 -
Maternity leave
May 15th, 2012 -
Travel Time pay for Madantory Training
May 15th, 2012 -
FMLA FOR GRANDPARENT
May 15th, 2012
Pages
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/ […]
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.
April 29th, 2009 at 9:03 am
Hi Julie! Thanks for bringing up an excellent point!~ Caitlin
October 25th, 2011 at 11:24 am
Hi, Do I have to work 12 months or 1250 hours before I can qilify for NON -FMLA ?
Thank you.
October 25th, 2011 at 12:06 pm
Hi Mrs. Khan! This is a matter of company policy, rather than employment law. If you have worked BOTH 12 months and 1,250 hours for a company with 50 or more workers within 75 miles, you qualify for up to 12 weeks of unpaid, job-protected FMLA leave. Some states have family leave laws that might entitle an employee to more leave, even if she does not qualify for FMLA.
However, there is no law that requires employers in most states to provide any non-FMLA leave ever, to any employee. If an employer chooses to offer non-FMLA leave, the employer sets the policies surrounding it. As long as those policies are consistently enforced, this is lawful.
Some employers offer non-FMLA leave only to employees who qualify for FMLA, but have exhausted it. Other employers might require 12 months of employment, or 1,250 hours, but not both. Either is lawful. HTH, and thanks for reading the blogs!~ Caitlin