Legal Question in Medical Leave in Maryland
FMLA Left Company and then Rehired
I have tried to contact the Dept of Labor Wage and Hour Division with no luck. I was employed as a fulltime manager with a company for 8 years. I left the company in January 2006. I was rehired with the same Co. in March 2006 as a fulltime manager. I was rehired as a new hire (starting over). I now need to take FMLA related leave (pregnancy).The company does employ more than 50 folks within a 75 miles radius of where I work. Before I left in January, I had worked more than 12 months with the Co. before I left in January and had accumulated more than the 1250 hours before I left in January. I have been working fulltime since I was rehired in March. Do I qualify for FMLA? How would my hours and the months of service be calculated? HELP. I am due at the end of July/beginning of August and I need to understand the FMLA rules so that I can approach my employer.
1 Answer from Attorneys
Re: FMLA Left Company and then Rehired
The 12 months of work for the employer does not have to be consecutive, so you meet that requirement. The 1250 hours is the problem. You must have 1250 hours in the 12 months prior to the leave. But the statute and regulations do not say if you can count the two separate periods of employment together, or if the break in employment means that you start counting over again. (In that case you would only have about 800 hours - 160 per month from March through August, assuming 40 hours per week.)
Keep trying to get the DOL on the line to ask them for an opinion on this. (Try DOL.gov to see if there are other contact numbers or email contacts.) In the meantime, you can simply tell your employer that you will need the leave and believe it is protected by the FMLA but want to know for sure. Then see what they say. If they say no, point out that the regulations only require 12 months total employment and 1250 hours in the 12 months prior to the leave. There is nothing about break in service, so arguably the company has no right not to count the first period of employment when counting hours. If they refuse to grant the leave, file a complaint with the DOL. (You can sue in federal court as well.) The company is not allowed to retaliate against you for that.
Congratulations on your pregnancy and good luck!
Jeff Sheldon
The Sheldon Law Firm
Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.
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