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.


Asked on 8/11/04, 9:34 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

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].

Read more
Answered on 8/11/04, 9:58 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Illinois