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FMLA FAQ: Is a Reinstated Employee Short on "Hours Worked" Eligible for FMLA Leave?

We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?

FMLA FAQ: Is a Reinstated Employee Short on "Hours Worked" Eligible for FMLA Leave?

We terminated an employee who has been reinstated by an arbitrator with full back pay. Now, he has requested FMLA leave. Are we obligated to provide leave even though he has not worked 1,250 hours in the previous 12 months?

FMLA’s 1250 Hour Eligibility Requirement is Absolute.

The Family and Medical Leave Act (FMLA) provides that an employee is entitled to leave under certain circumstances, including a serious health condition that makes that individual unable to perform the functions of his or her job. Employers are prohibited from interfering with an eligible employee’s right to take the leave associated with that act. Under the FMLA, an “eligible” employee is one who has been employed for at least 12 months at the company, and who has worked a minimum of 1250 hours during the 12-month period immediately prior to the leave request.

Dealership Update: Counting Past Service For FMLA.

Most dealers know that in order to be eligible to request Family and Medical Leave, employees must meet three initial conditions.
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