MENUMENU
  • FREE RESOURCES
        • Staff Departure
          Firiing Checklist: That Every HR Pro Should Use
          Firing Checklist: What Every HR Pro Should Use
          Performance Management
          10 Signs Your Workplace Culture is Toxic
          10 Signs Your Workplace Culture Is Toxic (And How to Fix It)
          Performance Management
          Watch Out for These 8 Workplace Bully Personality Types
          Watch Out for These 8 Workplace Bully Personality Types
          Policy & Culture
          15 Easy Ways to Recognize, Reward Your Employees
          15 Easy Ways to Recognize, Reward Your Employees
          Recruiting
          New Employee Checklist
  • PREMIUM CONTENT
        • Recruiting
          Onboarding That Optimizes Retention
        • Employment Law
          The Right Answers to the 33 Toughest FMLA Questions You’ll Ever Face
          Talent Management
          Coaching Skills for Managers and Supervisors
          Employment Law
          Intermittent FMLA leave: Taking Control Of HR’s Biggest Headache
        • Recruiting
          Guide To A New Hire’s First 180 Days
          Recruiting
          New Employee 6-Month Evaluation Survey
          Recruiting
          15 Practical Tools To Help New Employees Succeed
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
          Recruiting
          vector illustration of hand picking up resume
          Interviewing Resources for HR & Hiring Managers
  • LOGIN
  • SIGN UP FREE

HR Morning

MENUMENU
  • FREE RESOURCES
        • Staff Departure
          Firiing Checklist: That Every HR Pro Should Use
          Firing Checklist: What Every HR Pro Should Use
          Performance Management
          10 Signs Your Workplace Culture is Toxic
          10 Signs Your Workplace Culture Is Toxic (And How to Fix It)
          Performance Management
          Watch Out for These 8 Workplace Bully Personality Types
          Watch Out for These 8 Workplace Bully Personality Types
          Policy & Culture
          15 Easy Ways to Recognize, Reward Your Employees
          15 Easy Ways to Recognize, Reward Your Employees
          Recruiting
          New Employee Checklist
  • PREMIUM CONTENT
        • Recruiting
          Onboarding That Optimizes Retention
        • Employment Law
          The Right Answers to the 33 Toughest FMLA Questions You’ll Ever Face
          Talent Management
          Coaching Skills for Managers and Supervisors
          Employment Law
          Intermittent FMLA leave: Taking Control Of HR’s Biggest Headache
        • Recruiting
          Guide To A New Hire’s First 180 Days
          Recruiting
          New Employee 6-Month Evaluation Survey
          Recruiting
          15 Practical Tools To Help New Employees Succeed
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
          Recruiting
          vector illustration of hand picking up resume
          Interviewing Resources for HR & Hiring Managers
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation & Payroll
    • Staff Administration
    • Policy & Culture
    • Wellness & Safety
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care

FMLA eligibility: Do 'bonus hours' count toward the 1,250?

Avatar
June 23, 2008
1 minute read
  • SHARE ON

Sometimes, figuring out FMLA eligibility is pretty cut-and-dry. But that doesn’t mean employers and employees never disagree on who can take leave. Here’s one example of a dispute about what hours should be included.
An employee sued her employer after she was denied FMLA leave because she failed to meet the 1,250-hour requirement.
She claimed she worked more than enough hours. Her calculation included “bonus hours” she was paid for working weekend shifts. For example, if she picked up a Saturday shift, the company gave her 10 extra hours of pay for that week.
The court didn’t buy it. The judge said the “hours worked” only includes time an employee is “required to give” an employer. Extra pay, even if it’s measured in hours, doesn’t make a difference.
What counts?
The FMLA’s 1,250-hour requirement only includes time that counts as “hours worked” under the Fair Labor Standards Act (FLSA) — in other words, only hours in which work is done, that must be paid for and that count toward overtime calculations.
So, for example, the 1,250 hours would not include:

  1. paid or unpaid vacation and sick time
  2. paid holidays, or
  3. previous periods of FMLA leave.

Cite: Mutchler v. Dunlap Memorial Hosp.

Social Recruiting Made Easy

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the Catalyst Media Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2019 Catalyst Media

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

preloader