Under FMLA, how are qualifying work hours calculated?

Under the Family and Medical Leave Act (FMLA), qualifying work hours are calculated based on the total hours that an employee has worked within the past 12 months, which includes both full-time and part-time hours. This means that all cumulative hours worked, regardless of whether they were overtime or regular hours, contribute to the total.

This method ensures that employees who may work varied schedules or different amounts of hours each week still have a fair assessment of their eligibility for leave under FMLA. By assessing a rolling 12-month period, it takes into account the employees' current work status and provides an equitable approach to utilizing their leave entitlements. This is an important consideration, as it allows for inclusivity for all types of working arrangements and does not penalize those who may not have a standard full-time schedule.

In contrast, focusing only on full-time hours, counting only overtime, or including all types of leave would not capture the full scope of an employee’s work history or eligibility under FMLA guidelines.