Legal Question in Medical Leave in Illinois
Part-Time Exempt 1250 Hours Test
I have been employed part-time by my employer in an exempt position for 2
years (prior to that I worked full-time for same employer). According to the
arrangement of this position, I can ''bill'' for hours worked over my regular 24
hours up to 40 hours per week IF those hours are not worked on my normal
work days of Tues/Wed/TH. Being ''Exempt'', I'm not allowed to bill for extra
hours worked on those days.
I applied for FMLA (for maternity leave) and was rejected b/c I only had 1248
(24 x52) for the past year. However, that is the number of hours I was paid
for, not the hours I worked. Since I am a professional, I often do e-mail and
attend/make calls on M and F (my days off). And, I sometimes work over 8
hours on my regular days. I would say that I easily meet the 1250 hours test
based on hours I have actually worked while I have only been paid for 1248.
Even if I work on days when I am allowed to bill for hours according to the
rules, I have not done so b/c it feels petty to track every second of work and
b/c I did bill for some hours when I worked more than 4 hours over when I
first went back part-time and my paychecks were always messed up. So, it
just didn't seem worth it.
1 Answer from Attorneys
Re: Part-Time Exempt 1250 Hours Test
It seems likely that you are entitled to FMLA coverage. Hours worked includes all hours worked whether or not paid for, but does not include hours spent on paid or unpaid leave. A link to the applicable regulation is here http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.110.htm.
If you have any questions or would like to consult further on this issue, please do not hesitate to contact me at [email protected].