Legal Question in Medical Leave in Pennsylvania

Re: flma in pennsylvania

You asked if the 1250 hours amount in the Family Medical Leave Act includes or excludes overtime hours.

Generally the accumulated hours must be computed as the actual hours worked by the employee on the day immediately preceding the requested leave. Usually this includes overtime, and other earned hours such as earned vacation, sick and personal leave. Under some circumstances that time may not be counted towards the eligibility. Moreover, an employer is required to determine eligibility as of the day prior to requested beginning day of leave. this may require the employer to make a forward projection to probable hours on that date.

An employee should check with the employer to see how time is calculated to determine FMLA eligibility. If there is a close question then it would be worthwhile to pay for a bit of an attorney's time to look at your specific situation.

Regards,

Roger