My company forces us to work "short hours" it then effects the ability to accumulate fmla 1250 hours. is this legal?

Asked over 1 year ago - New York, NY

I am full time permanent employee. get paid for 37.5 hours a week. but due to short hours I do not work 37.5 hours a week so therefore with vacations and holidays I could be short hours. the 1250 hrs are actual hours worked not paid. Ithink this company has changed our hours so they can get rid of some people when they are sick. Making sure they won"t qualify for fmla

Attorney answers (1)

  1. Maurice N Ross


    Contributor Level 20

    Answered . Unfortunately, employers are allowed to get away with this (unless you are a member of a union and your collective bargaining agreement prohibits it). But you must take a lot of vacations and holidays. If you worked only 40 of 52 weeks you would easily qualify for FMLA. Sometimes employees need to agree to work more holidays and reduce vacation time to qualify----you cannot blame the employer if you elected to take vacations and holidays off when offered the opportunity to work. In any event, the employer does not have any obligation to make sure you get 1250 hours, and it can choose to offer you less than this (absent a union collective bargaining agreement or other written employment agreement).

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