As an accounting firm, my company requires all employees to fill out accurate time sheets every week. We would go back through her time sheets to verify that she met the 1250 hours for the previous year. If her time sheets showed that she indeed met the hours requirement, she would be eligible for FMLA. If her time sheets did not reflect the 1250 requirement, even if she mistakenly recorded her time inaccurately, we would not give it to her.
ErinMTaylor - 15 years ago
If the employer does not keep accurate records of the amount of time worked by the employee (including exmept employees) then the burden of proof is on the employer (not the employee) to prove that the employee has worked less than the 1250 hours. In this case there is an established work schedule of 20 hours per week, however both the employer and the employee have acknowledged that the employee sometimes works more than 20 hours per week. In the absence of records that would show the exact number of hours the employee worked, I'd have to say that the employee is eligible.
As an accounting firm, my company requires all employees to fill out accurate time sheets every week. We would go back through her time sheets to verify that she met the 1250 hours for the previous year. If her time sheets showed that she indeed met the hours requirement, she would be eligible for FMLA. If her time sheets did not reflect the 1250 requirement, even if she mistakenly recorded her time inaccurately, we would not give it to her.
If the employer does not keep accurate records of the amount of time worked by the employee (including exmept employees) then the burden of proof is on the employer (not the employee) to prove that the employee has worked less than the 1250 hours. In this case there is an established work schedule of 20 hours per week, however both the employer and the employee have acknowledged that the employee sometimes works more than 20 hours per week. In the absence of records that would show the exact number of hours the employee worked, I'd have to say that the employee is eligible.