Does an employer need to count an employee's vacation or sick time towards the 1,250 hour requirement under the Family and Medical Leave Act?
Author: Demetrius O. Holloway, Stites & Harbison
No. Hours that are considered compensable under the Fair Labor Standards Act count toward the 1,250 hours required for FMLA eligibility, subject to special rules applicable to airline flight crew employees. As such, only time actually worked, including overtime hours worked, is counted.