Family Medical Leave Act

questions & answers

Question: I work for the school district and only get 35 hours per week. With all the time off without pay the maximum hour I can get is around 1175. Does this mean I will never qualify for fmla?

Answer: This is for informational purposes only; you may want to contact an attorney for legal advice. According to the United States Department of Labor website: Eligibility In order to be eligible to take leave under the FMLA, an employee must: work for a covered employer; have worked 1,250 hours during the 12 months prior to the start of leave; (special hours of service rules apply to airline flight crew members) work at a location where the employer has 50 or more employees within 75 miles; and have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement. This can be found at: http://www.dol.gov/whd/fmla/fmla-faqs.htm#3