I have an employee who is requesting FMLA. Her original hire date is 02/10/2003, resigned 03/14/2007 and rehired 03/17/2008.  Yes, she has been employed twelve months from original date of hire, but because she has not worked the 1250 hours in the last twelve months, will this disqualify her for the leave?

Yes, an employee has to have worked 1,250 hours in the 12-month preceeding the date of leave.

 

SAMBUKA:

Yes, an employee has to have worked 1,250 hours in the 12-month preceeding the date of leave.

Agreed.  The statute allows for one month every year for 12 years to qualify on the term of service basis but they still have to have worked 1,250 hours in the prior year.