Legal Question in Medical Leave in California

fmla

I work for the railroad. I was injured from Dec 2007 to Aug 2008.

, so i was off of work. i applied for FMLA for bonding since my wife had a baby Aug 20 2008. It was denied saying that I only had 609 hours of the 1250 required. Isn't there a provision that says that i can go back prior to my injury to get the required hours since there is now way that i would of been able to get the required hours? thanks


Asked on 9/16/08, 12:12 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: fmla

1,250 hours are required during the 12 month period immediately preceding the commencement of the leave. See Title 29 Code of Federal Regulations 825.110 (29 CFR 825.110). If you were on the payroll for any part of a week, you are deemed employed for that week. Being employed for the FMLA is not the same as being physically at work.

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Answered on 9/16/08, 2:01 pm
Steven Murray Steven W. Murray, APC

Re: fmla

1,250 hours are required during the 12 month period immediately preceding the commencement of the leave. See Title 29 Code of Federal Regulations 825.110 (29 CFR 825.110). If you were on the payroll for any part of a week, you are deemed employed for that week. Being employed for the FMLA does not appear to be the same as being physically at work.

Read more
Answered on 9/16/08, 2:01 pm


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