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A full-time employee has exhausted all 12 weeks (480 hours) of Family Medical Leave Act (FMLA) entitlement, using a combination of three full weeks, followed by sporadic and incremental time off for treatment. Human Resources informs the employee that there is no FMLA left. However, the employee states that he still has over 70 hours of FMLA entitlement available. You double check the leave notices and the math and confirm 12 weeks (480 hours) have been fully used. Who is correct? It may well be the employee. You might lose an FMLA case if you take too hasty action to deny further leave.
KEY WORDS: The Fair Labor Standards Act; The Family and Medical Leave Act; employee; human resources; overtime; employer; salaried; work hours.
The Fair Labor Standards Act (FLSA) tracks hours worked. The Family and Medical Leave Act (FMLA) gives employees rights to take leave based on the number of hours worked. A person must work at least 1250 hours in the prior year to be FMLA eligible. Then that employee is entitled to take leave based on the regular weekly hours that were worked.
WHAT ARE "REGULAR WEEKLY HOURS"?
Potential FLSA changes have resulted in a significant alterations in the definition of regular hours as employers have revised salaried positions and adopted alternative hourly, retail sales, fluctuating work week, and other pay plans. Some reevaluated and have shifted back again. The definition of "hours worked" is changing. Hourly overtime also is increasing as business picks up and skilled workers are harder to find. It can be difficult to keep track of which "regular" hours worked should count toward FMLA entitlement.
DO YOU KNOW THE AMOUNT OF FMLA ELIGIBLE HOURS?
The FMLA creates a differing sort of measure. An eligible employee is entitled to take FMLA based on regular hours worked. Most employers think this means 12 weeks, at 40 hours per week (480 hours), at 8-hour...