Legal Question in Medical Leave in Georgia
FMLA After you left a company
I have an employee who left the company and then came back. If he started over as a new employee (Time, benefits, etc) and has not completed 1250 hours, does he qualify for FLMA?
If he came back and the employee was only gone for 4 weeks, does he qualify even if he has not completed his 1250 hours or a year?
1 Answer from Attorneys
Re: FMLA After you left a company
Generally speaking, an employee is eligible for FMLA if he has worked for at least 12 non-consecutive months and 1250 hours in the previous year. Therefore, if the employee has been employed for at least 12 months by your company (even if off-and-on), and has worked at least 1250 hours in the past 12 months (even if he left the company for a period of time and was rehired), he would be eligible for FMLA. This assumes, of course, that you are a covered employer (50 or more employees within a 75 mile radius of where the employee works) and that the employee has a "serious medical condition" that is covered under the act.
If you have additional questions, do not hesitate to contact me.
The foregoing is general information only, not specific legal advice. No attorney/cleint relationship has been created or should be implied.
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