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).