Legal Question in Medical Leave in California

Calculating eligibility hours

I was off work on disability for 3 months following an

accident (not work-related) in which I sustained a

serious wrist/hand injury requiring surgery and

physical/occupational therapy. I returned to work,

working full time plus extra hours while continuing with

therapy. I regained only some use of my hand and

wrist, and it was determined that additional surgery

was necessary. I am currently off work on disability

recovering from the second surgery, which was

successful.

My question is about calculating hours in order to

qualify to FMLA leave for a second time. I know that I

need to have worked 1250 hours from the time I

returned to work until the time I left for the second

surgery. Do those hours include any paid sick leave or

paid vacation leave I took during that period? Also,

when I left for surgery, I still had vacation time coming to

me. Does that figure into the 1250 hours anywhere?

Thank you for your help.


Asked on 5/21/03, 9:50 pm

1 Answer from Attorneys

Re: Calculating eligibility hours

Paid sick or vacation time does not count as hours worked. I am unsure of the nature of your problem as you do not indicate whether you will be allowed to return to work.

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Answered on 5/23/03, 12:04 pm


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