Does the 1250 hours worked rule for FMLA mean the preceding 12 months? HELP!

[Philip N. Beam]

I need one of you experts in the Human Resource/Legal field to help. My employer has designated me on FMLA against my wishes after I've ben off since January 21, 2000. I have worked about 70 hours so far this year. I was released to go back to work July 5 with a restriction against returning to a call center. My employer is playing hardball and supposedly cannot find me an alternate position. What I'm reading on the net indicates that you have to have worked 1250 hours during your last 12 months. It also says that paid sick time cannot count towards hours worked. What are these people trying to pull here? (I only have 10 weeks of 1/2 pay disability left anyway so I don't see the point because after 12 months out on disability you run out of the benefit) (My only option then would be a medical disability if I can't prove discrimination).

[Edited by Philip N. Beam on 11-17-2000 at 09:02 PM]

 

[anabel]

I am in HR at a company that emplys approx. 70 people. I am sort of confused by your post..do you mean that in the past 12 months you ahve only worked 70 hours? If so, that means, as far as I can tell that you are not even eligible for the benefit of FMLA. Meaning, that your emplyer does not legally even have to give you the benefit of FMLA leave. If they are doing so, it is probably because they want to cover every base, but if you have only worked 70 hours in the past year, I believe that you could be let go. I recently had to let go of an employee who we had on FMLA leave because he was not capable of coming back to work in his smae capacity. He was a machinist and his illness required a desk job. Since we had none available for him, he was let go and put on a preferential rehire list, although he has no experience or desire to have a desk job. He finished out his short term disability payments and now he is on his own. We put him on FMLA leave though, because he worked 1250 hours or more in the past year. It was my interperatation that if he had worked less than that, we would not have even had to put him on FMLA and he could have been terminated in this matter at our discretion. Remember, FMLA leave is a benefit to the employee-not a punishment...it simply means that you have 12 weeks guarenteed to you that a job will be secure to you if you can come back in your same capacity. Unless you are declared disabled, an employer does not have to make accomodations to you, unless that is, that you are hurt on the job.

 

[Philip N. Beam]

Thanks for the reply. I have only worked the first 2 weeks in January. My doctor had me out from January 21 until July 5 with a diagnosed anxiety disorder illness. I was released with the stipulation that I was not to return to the confining, high stress work in the call center. My employer is telling me that I don't have an option in being put on FMLA at this time. They have had all my medical documentation throughout, so it's not like they are just now getting the right information to make that determination. What I'm reading states that an employee can't be forced into taking FMLA, although when it is requested the Company can then make a determination as to FMLA applicability per the CFR. I have sat since July 5 while they have supposedly looked for me another position. I also have a Bachelors and Masters (3.6 & 3.7 GPAs) from The University of Texas at Tyler that the Company paid reimbursements on over about a 9 year period. I graduated in 92 while still working in the oilfields. In 96 I was transferred to a Gas Plant in Houston and at that time attempted through Human Resources to utilize my education. As a result of that my pay dropped 20% and I was placed in my 1st call center. I found out too late that my education was not a determinate in the placement within Marketing from Production in the entry level job. I was under tremendous pressure for the next 14 months and then was out on leave for 5 months after that. Then I was released with the same restriction (from 1st leave) that I have now and I sat for 5 months until they found me a temporary assignment. Things were OK (for 8 months) until the Company merged in December 99 and shortly after that I was placed into another call center even though my doctor's restriction (which has never been openly challenged) was still in effect. I relapsed again on January 21 and here I sit now. The thing is that they refuse to consider my other qualifications and my 14 years of Production prior to the call centers. I know they want to run out FMLA ahead of time so I wouldn't possibly still have an additional 3 months with tasking them to find an alternate position. They are hell bent against that. This is an extremely large oil company and there is no way on this earth that if they weren't discriminating against me based on my age-43, and my anxiety disorder, that they couldn't find me a position based on my qualifications. They are powerful and not above bending the law. I just don't think that 1) the FMLA applies here, and 2) if I could ever get before a jury they could adequately defend their stance over these past 4 years.
Thanks again and please reply. Signed me....too young to quit, too confused to see through the fog and too tired to keep up the pace........later.

[Edited by Philip N. Beam on 11-18-2000 at 01:05 PM]