Answers Logo
Search


Is she eligible for FMLA?



Yes. Without hesitation

Only if she can provide proof of the additional hours worked. No proof, no FMLA

Not for FMLA, but we'd give her 12 weeks leave anyway

Not for FMLA. She's officially 20 hours a week

Other.

Vote

Share/Save/Bookmark
View The Results of This Poll



rss
2 Comments
ErinMTaylor
2009-02-02 19:40:45 ET

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.

Mary
2009-02-03 22:32:40 ET

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.


Leave a comment

Email Address *

Your email address will not be published. (We add your Gravatar icon if you have one)

Please enter a valid email address below.

Name *

Please enter your name below.

Your Website URL

Comment *

Maximum of 4000 chars. (0/4000)

Please enter a comment below.

(Fields marked * are mandatory)


Submit Comment
Spam controlled by Akismet
rss

User

This user does not have a PollDaddy profile set up yet...

View My Previous Polls

Share Link

Use the link below to share this poll.

Embed This Poll

You can also place this poll on your website or blog as a widget. Simply copy and paste the code below into your HTML.

Alternatively, we now support oEmbed.