HR pop quiz: FMLA and non-consecutive months of service

(photo credit: Grant Cochrane/freedigitalphotos.net) (photo credit: Grant Cochrane/freedigitalphotos.net)

If an employee has 12 months of service with an employer, but they are not consecutive, how many hours must they have worked during the 12 months prior to the start of leave?

A) 900 hours

B) 1,100 hours

C) 1,250 hours

D) 1,300 hours

A) 900 hours

Incorrect. Try again!

B) 1,100 hours

Incorrect. Try again!

C) 1,250 hours

Correct!

According to the Department of Labor, in order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. The regulations clarify, however, that employment prior to a continuous break in service of seven years or more need not be counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.

D) 1,300 hours

Incorrect. Try again!

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