Legal Question in Medical Leave in Illinois

Part-Time Exempt 1250 Hours Test

I have been employed part-time by my employer in an exempt position for 2

years (prior to that I worked full-time for same employer). According to the

arrangement of this position, I can ''bill'' for hours worked over my regular 24

hours up to 40 hours per week IF those hours are not worked on my normal

work days of Tues/Wed/TH. Being ''Exempt'', I'm not allowed to bill for extra

hours worked on those days.

I applied for FMLA (for maternity leave) and was rejected b/c I only had 1248

(24 x52) for the past year. However, that is the number of hours I was paid

for, not the hours I worked. Since I am a professional, I often do e-mail and

attend/make calls on M and F (my days off). And, I sometimes work over 8

hours on my regular days. I would say that I easily meet the 1250 hours test

based on hours I have actually worked while I have only been paid for 1248.

Even if I work on days when I am allowed to bill for hours according to the

rules, I have not done so b/c it feels petty to track every second of work and

b/c I did bill for some hours when I worked more than 4 hours over when I

first went back part-time and my paychecks were always messed up. So, it

just didn't seem worth it.

1 Answer from Attorneys

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