Legal Question in Medical Leave in California

Railroad FMLA

I was denied FMLA participation for a serious condition, I have diabetes. The reason for denial was that I did not work 1250 hours within the last 12 month period of employment. I have been emploted with Union Pacific Railroad since 2004. Is this legal fro Union Pacific to deny me the FMLA for the reason stated above?


Asked on 10/03/07, 12:31 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Railroad FMLA

Yes, one of the criteria to be eligible for FMLA leave is that an employee must have worked 1250 hours (which is, basically, full-time employment for one year), within the prior 12 months. You may wish to check company policy to see if it is consistent with the law and check your hours worked.

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Answered on 10/03/07, 1:34 pm
Terry A. Nelson Nelson & Lawless

Re: Railroad FMLA

That's the hour requirement of the law. Your CBA should also provide some protection to you, contact your union.

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Answered on 10/03/07, 3:30 pm


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