Legal Question in Medical Leave in California

Definition of "hours of service"

In the FMLA, it states that an eligible employee is one who has been employed (ii) for at least 1,250 hours of service with such employer during the previous 12-month period. How does the define "hours of service." My employers definition excludes hours of employment charged to holiday, sick leave, and vacation. It seems that these are part of my total compensation package, and thus, should be considered when calculating my hours work.


Asked on 11/13/97, 5:18 pm

1 Answer from Attorneys
Luther Sutter Harrill & Sutter

Hours of service defined

Hours of service under the FMLA has the same definition as under the FLSA. I would have to research this, but my gut feeling is that these hours would not be used to calculate the 1250 hour threshold

Keep in mind, FMLA applies to those employers who have 50 employees within a 75 mile radius. If this criteria is satisfied, you may be entited to federal FMLA leave. I am not licensed in your state. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.

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Answered on 11/20/97, 11:31 pm


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