Fmla

[ald]

What is the name of your state? Virginia

I was employed by an FMLA covered employer from January 2001 to April 2002, (approx. 15 months) then laid off due to loss of the govt contract I was assigned to. I was rehired by the same employer in November of 2002, when they acquired a new govt contract that could utilize my skills.

At the time of my re-employment, I had just discovered that I was pregnant, due on July 16 of 2003. At orientation on July 18, I spoke privately with HR and they indicated that I would not be eligible for family leave because I would not technically have been with the company for 12 months prior to the birth of my child.

From what I have researched, the 12 months need not have been consecutive, my total months employed at this company will be approx. 22 months. By my calculations, I will have been employed for 36 consecutive weeks (Nov.18 ,2002- Jul. 16, 2003) which, when multiplied by 40 hours per week comes to 1440 hours of consecutive work prior to my need for leave (the required amount is 1250.)

The company's stated policy is that employees who are rehired after 3 months do not retain benefits. Can they legally refuse to provide Family Medical Leave?

 

[Beth3]

That's a heck of a good question and in all honesty, I'm not certain what the answer is - I haven't had to research this myself yet. Unless someone responds here who knows for certain, your best bet is probably to call the federal DOL and see what they say. They should be able to clarify this in a matter of minutes.

P.S. If you feel like posting back, I'd sure be interested to hear what they tell you.

 

[cbg]

In order to qualify for FMLA, you have to have worked for the company for at least 12 months, and you are correct that these 12 months do not have to be consecutive. You also have to have worked a minimum of 1,250 hours in the last 12 months, and that 12 months DOES have to be consecutive. If you meet both qualifications, then you will be eligible for FMLA - however, you have to meet both of them. If either one does not come through (if you end up not working the number of hours you anticipate, for example) then you would not qualify.