Do you have to qualify for 1250 hours twice if you have 2 conditions?

I have more than one fmla condition on file, and have used both conditions in the past. Now my attendance manger is saying that i have to have 1250 hours for both conditions in order to use them both. Is this correct, because if i'm eligible for one condition now and have not exhausted my hours allowed for the year, why would i not be eligible for my second condition because i have not met 1250 for the second condition.

2 answers  |  asked Feb 20, 2012 4:45 PM [EST]  |  applies to Illinois

Answers (2)

John Otto
My understanding is that to be an "eligible employee" for FMLA, you have to work for an employer with more than 50 employees and you have to have worked at least 1,250 hours in the previous 12-month period. Once you are an "eligible employee," you are entitled to take up to 12 work weeks during any rolling 12-month period for any of the conditions listed in the Act, including "a serious health condition that makes the employee unable to perform the functions of the position of such employee."

I don't exactly understand what you say the attendance manager is contending. If you've worked 1,250 hours in the previous 12 months, you are an eligible employee. If you are an eligible employee, you can take up to 12 work weeks of FMLA, no matter how many conditions you have. In other words, if you have condition A for which you are off 6 weeks; then have condition B which requires you to be off for 12 weeks, FMLA would only protect you for the first six weeks of Condition B. You don't get a new 12 work weeks off for each condition. But, you don't have to work a separate 1,250 hours for each condition.

posted by John Otto  |  Feb 21, 2012 09:04 AM [EST]
Alejandro Caffarelli
If you are interested in scheduling an initial over the phone screening, please do not hesitate to contact me directly to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.

posted by Alejandro Caffarelli  |  Feb 21, 2012 08:32 AM [EST]

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