• Home
  • Firm
    • Our Past Results
    • Attorney Richard Celler
    • Attorney Noah E. Storch
    • Attorney Robert Pecchio
    • Attorney Andres Kroboth
    • Attorney German Beard
    • Attorney Alexander T. Harne
    • Attorney Layal Souwed
    • Attorney David Nudel
  • Practice Areas
    • Discrimination
    • Family Medical Leave Act Protection
    • Sexual and Other Harassment
    • Overtime and Unpaid Wages
    • Whistleblower Protection
    • Wrongful Termination
  • Info
    • Employee Resources
    • FAQ’s
    • News & Media
  • Blog
    • Age Discrimination
    • Blog Posts
    • Discrimination
    • Employment Discrimination in Florida
    • Employment Law
    • Family and Medical Leave Act in Florida
    • Family Medical Leave Act Protection
    • Gender Discrimination
    • Minimum Wages
    • Overtime Claims
    • Pregnancy Discrimination
  • Testimonials
  • Contact
COVID-19 Alert: COVID-19 ALERT: OUR FIRM REMAINS FULLY OPERATIONAL DURING THIS DIFFICULT TIME & WE ARE HERE TO HELP YOU THROUGH THIS CRISIS
facebook
twitter
youtube
google_plus
  • Home
  • Firm
    • Our Past Results
    • Attorney Richard Celler
    • Attorney Noah E. Storch
    • Attorney Robert Pecchio
    • Attorney Andres Kroboth
    • Attorney German Beard
    • Attorney Alexander T. Harne
    • Attorney Layal Souwed
    • Attorney David Nudel
  • Practice Areas
    • Discrimination
    • Family Medical Leave Act Protection
    • Sexual and Other Harassment
    • Overtime and Unpaid Wages
    • Whistleblower Protection
    • Wrongful Termination
  • Info
    • Employee Resources
    • FAQ’s
    • News & Media
  • Blog
    • Age Discrimination
    • Blog Posts
    • Discrimination
    • Employment Discrimination in Florida
    • Employment Law
    • Family and Medical Leave Act in Florida
    • Family Medical Leave Act Protection
    • Gender Discrimination
    • Minimum Wages
    • Overtime Claims
    • Pregnancy Discrimination
  • Testimonials
  • Contact

Blog Post

Does the Time I Take Off for Vacation, Sick Leave, or PTO Count Toward the 1250 Hours Needed to Qualify for FMLA Leave?

01 Sep 2015
Comment are off
Richard Celler

1250 Hours Needed to Qualify for FMLAWorkers in the United States enjoy the benefits provided to them by a number of state and federal laws aimed at ensuring that employers treat employees fairly and that the workplace is free of discrimination and other unwanted conduct. One (relatively) recent addition to the benefits many employees have is the right to take unpaid leave for certain family and medical reasons pursuant to the Family and Medical Leave Act, or FMLA, enacted in 1993. Among the qualification requirements for taking FMLA leave is that an employee must have worked for the employer for at least 1250 hours during the last year. If you are hoping to use FMLA leave, one question you may have when considering eligibility is “ Does the time I take off for vacation, sick leave, or PTO, count toward the 1250 hours needed to qualify for FMLA leave ? ”

FMLA leave allows an eligible employee who is working for a covered employer to take up to 12 weeks of unpaid, but job-protected, leave for specific reasons, including:

  • ·the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;

Known as “military caregiver leave”, FMLA leave may extend to 26 weeks if used to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin.

Among the eligibility criteria for FMLA leave is the requirement that you worked at least 1250 hours for your employer within the last 12 months. The hours worked do not have to consecutive or continuous; however, they do have to be actual hours worked. Hours accrued for paid or unpaid leave, even hours counted as FMLA leave, do not count toward the requirement 1250 hours.

If you are uncertain whether or not you meet all the requirements for FMLA leave, try speaking to your employer first. If you believe you qualify, however you employer will not approve the leave it may be time to consult with a Florida employment law attorney. Contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.

 

About the Author
Since 1999, Richard Celler has practiced exclusively in the are of employment law, and has handled thousands of employment related lawsuits in claims for overtime, discrimination, wrongful termination, harassment, retaliation, and on behalf of whistleblowers around the country.

Social Share

  • google-share

Contact Us To Discuss Your Claim

Toll Free: 866-344-WAGE (9243)
Main Toll Free: 877-435-9243
Broward: 954-903-7475
Tampa: 813-371-0799
Orlando: 407-261-1920
Space Coast: 321-206-4030
Dade: 305-351-2393
Ft-Myers: 239-567-5765
Jacksonville: 904-435-3310
Gainesville: 352-224-4200

Or Email Us Below:
richard@floridaovertimelawyer.com

Free Case Evaluation









Our Past Results

$225,000 Recovery for Arab American Discriminated Against for Being Egyptian (“Called Terrorist,” Spied on By Co-Workers);
-
$260,000 Recovery for Executive Discriminated Against and Fired on the Basis of His Age;
-
$276,000 Recovery for Individual Broker Who Was Fired Before Getting Paid His Commissions;
-
$330,000 Trial Verdict for Hourly Paid Worker Fired for Having HIV/AIDS;
-
$365,000 Recovery for Female Executive Fired for Being Pregnant;
-
$1,220,000 Trial Verdict for Vice President Terminated for Having Depression and Anxiety Under the Family Medical Leave Act;
-











Address

Richard Celler Legal, PA
10368 W. State Road 84
Suite 103
Davie, FL 33324
Phone: 954-903-7475

401 East Jackson Street
(SunTrust Tower), Suite 2340
Tampa, FL 33602
Available for Consultation

301 W Bay Street
Suite 1400
Jacksonville, FL 23801
Available for Consultation

Lucerne Executive Center
100 W. Lucerne Circle Suite 200
Orlando, FL 32801
Available for Consultation

Client Review

"The hiring of a lawyer is an important decision that should not be based solely upon advertisement.
Before you decide, ask the attorney to send you free, written information about qualifications and experience."
www.floridaovertimelawyer.com © 2020

Privacy Policy | Disclaimer | ADA Compliance Statement | Admin Only: 866-405-1746
Testimonial Disclaimer: Prospective clients may not obtain the same or similar results.