Legal Question in Medical Leave in Florida

Re: part-time employment

Your part-time status is irrelevant. The rule is that you need to have worked 1250 hours in the 12 months immediately prior to the start of your leave in order to qualify. (You also have to be enmployed for at least 12 months total, but you obviously meet that rule. I also assume the employer is covered by the law.) For example, if you want to start leave on May 20, you need to have worked 1250 hours during the 12 months counting back from May 20. If you do not have it, the company needs to tell you at what point you will qualify. If you do not work enough part-time hours to ever qualify, they should tell you that as well. For example, if you work 20 hours per week, you would only have 1040 hours in any 12 month period, at most. In that case, you can ask whether it is possible to work more hours, but the company does not have to give it to you.

These rules are in section 101 of the statute, found at http://www.dol.gov/esa/regs/statutes/whd/fmla.htm.

It is also in the code of federal regulations, 29 CFR sec. 825.110 which can be found at http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.110.htm.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.