Legal Question in Medical Leave in Pennsylvania

Re: FMLA Maternity leave

You asked about FMLA leave.

It depends. Company policies can affect the outcome.

Generally an employer must count productive time, meaning time that a person actually spent on the clock at work. An employer should count accrued, used time (vacation, sick, personal) but there has been no case on this subject yet. No one can give you a definitive answer. The FMLA requires that a person has worked at least 1250 hours over the prior 12 months. The law leaves it up to the employer to calculate how hours worked are computed (limited by the FLSA). Some employers have generous policies and others have skeleton policies.

Regards,

Roger

of this analysis Ask your HR person if that company would like to be the test case for the proposition that they are making.

Generally, FMLA eligibility isn't about hours, it's about months. Start on the first date of more than half-time employment. 12 months later the employee is eligible for FMLA leave as long as they worked more

Re: FMLA Maternity leave

You asked about FMLA leave.

It depends. Company policies can affect the outcome.

Generally an employer must count productive time, meaning time that a person actually spent on the clock at work. An employer should count accrued, used time (vacation, sick, personal) but there has been no case on this subject yet. No one can give you a definitive answer. The FMLA requires that a person has worked at least 1250 hours over the prior 12 months. The law leaves it up to the employer to calculate how hours worked are computed (limited by the FLSA). Some employers have generous policies and others have skeleton policies.

Regards,

Roger