FMLA denial

[nvJob]

What is the name of your state (only U.S. law)? Ohio

Hello,

I was terminated for over half the year and got my job back fully reinstated. I applied for fmla leave and was denied citing I had not worked the 1250 hours in the previous 12 months. Do the several months during getting my job back fully reinstated count as part of the previous 12 months? Should the previous 12 months start right back before I got terminated since I have been reinstated? I'm contacting the DOL tomorrow to aks them also. Any ideas? Thanks~

 

[cbg]

Only hours ACTUALLY WORKED count towards the 1,250 required total. It does not count the time that you were not at work, even if you were reinstated. It also does not count vacations, holidays, sick time, or any other kind of leave, regardless of whether it was paid or unpaid. ONLY hours ACTUALLY WORKED count.

 

[Betty]

You can contact the DOL but cbg is correct. They will tell you the same thing.

 

[nvJob]

ok thanks for the answer. No need in contacting DOL then. So can I reapply once I hit the 1250 hrs now? They didnt tell me how many hours I actually have, Im figuring around 1000 hrs or so not counting the months I was terminated. Do I have a right to ask them how many hours Im at at this moment and have them notify me when I reach the required 1250? Its just aggravating knowing how many years I have worked hardly missing any time at all but for the time they discharged me and had to reinstate me after fighting it. I can understand not giving a new hire fmla etc, but not someone whos worked so long, o well grrr!!

Thanks again!

 

[justalayman]

reapply for what? Are you planning on taking off time in the future? It isn't retroactive.

I can understand not giving a new hire fmla etc, but not someone whos worked so long,

your employer has no choice about denying FMLA. The requirements are set in law and your employer MUST allow it if you meet the requirements.

 

[nvJob]

thanks justalayman,

its qualified fmla intermittent leave that has been denied, so yea i'll need it as soon as I can. Can I ask them to quote how many hours im at now? Have them notify me as soon as I meet the required 1250?

Thanks

 

[pattytx]

Sure you can ask, and I can't think of any reason they shouldn't tell you. When you find out, however, keep track of your OWN hours; they have no obligation to notify you when you've reached 1,250.

 

[cbg]

FYI, the eligibility criteria for FMLA are set by Federal law, not by the employer. They MAY NOT legally provide FMLA if you do not meet the criteria, and that includes the 1,250 hours. They are not being obstructionist - they are following the law.

You may ask them to notify you when you reach 1,250 hours. They have no legal obligation to agree.