Am I eligible for FMLA?

UPDATED: Sep 30, 2022

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Am I eligible for FMLA?

I have worked for my company for 9 years but only the last 4 months
consecutively. Before that I was off for 16 months, a voluntary hiatus.
Since I have come back to work I have not worked 1250 hours. Do the 1250
hours needed to qualify for fmla have to be consecutive? Or is it like
the time, non-consecutive? I have recently started cancer treatment and
would like to take time off for treatment. Thank you

Asked on March 28, 2017 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is 1,250 hours in the past 12 months. It does not have to be all at this employer, but rather, in total, you must have worked at least, 1,250 hours in the last 12 months, which is more or less 25 hours per week for that time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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