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Originally Posted by Minnesota_Flyer  Employee needs to get his/her own lawyer who understands the FMLA.
To Velo's point, the FMLA eligibility requirements are that the employee have been employed for at least 12 months by the employer and that the employee have been employed for "at least 1,250 hours of service with such employer during the previous 12-month period." This comes to about 25 hours/week. There is no requirement under the FMLA that the employee be "full-time," and the opinions of state labor boards are totally irrelevant. Compliants under FMLA are brought before the federal Department of Labor and/or a federal court.
Again, the employee should contact a lawyer who understands FMLA to get a handle on his/her rights. |
Not that Minnesota Flyer needs my backup, but he speaks the truth. I just had to suspend a union employee for excessive absenteeism. When she found out that her sick time was used up and would be unpaid she used the "FMLA" card. Her request was denied because of the 1250 hours requirement. Her time was just under by about 60 hours. It had nothing to with her PT/FT status. HAd sshe worked another 60+ hours her request would have been granted even though she was part-time.