How does an employer determine if an employee has worked 1,250 hours in a 12-month period?
The employee’s individual record of hours worked would be used to determine whether 1,250 hours had been worked in the 12 months prior to the commencement of FMLA leave. As a rule of thumb, the following may be helpful for estimating whether this test for eligibility has been met: • 24 hours worked in each of the 52 weeks of the year; or • Over 104 hours worked in each of the 12 months of the year; or • 40 hours worked per week for more than 31 weeks (over seven months) of the year.
