Legal Question in Medical Leave in California
If I work for two FMLA eligible employers less than 1250 hrs each, but my combined employment hours between the two employers is greater than 1250 hrs in a year, am I eligible for FMLA? I was denied FMLA leave by Kaiser Permanente to care for my terminally ill father as I only had 966 hrs in the past year. I also work for American Medical Response and have at least 700 hours of employment in the same time period for a total of approximately 1800 total hours.
2 Answers from Attorneys
The law is clear that to be eligible for FMLA or CFRA leave, an employee must have worked at least 1250 hours, within the prior 12 months, with the employer the employee is requesting leave of. Accumulating those hours between two different companies does not meet the criteria spelled out under the law.
No. You have to qualify with any employer you seek benefits from.
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