Legal Question in Medical Leave in Ohio
Not Eligible at the Time of Leave
I would like to know if an employee who does not qualify for FMLA at the time of their leave due to less than one year of service with their employer, would be qualify for FMLA when they meet the one year of service even though the employee is still on a leave status?
1 Answer from Attorneys
Re: Not Eligible at the Time of Leave
If an employee is maintained on the payroll for any part of a week, including periods of paid or unpaid leave during which other benefits or compensation are provided by the employer (e.g., group health plan benefits, workers' compensation benefits, etc.), the week counts as a week of employment for purposes of the 12-month eligibility test. However, the employee must also have worked at least 1250 hours in that 12-month period and for the purpose of the 1250-hour eligibility test, only actual hours worked are counted.