1248+ Hours Worked Not Sufficient for FMLA Leave
17 Sep 08 | Permalink
In Pirant v. USPS, the Seventh Circuit Court of Appeals confirmed that the FMLA’s eligibility requirements must be met for coverage to attach. In this case, an employee who missed meeting the 1250 hours worked requirement by a mere 1.2 hours was not covered.
Practice Tip: Even if an employee does not meet the 1250 hours worked threshold for FMLA leave and has no other rights to leave under an employer’s policies, the employer may have to provide a short period of job protected leave as a reasonable accommodation under the ADA.