Should an employer count unauthorized hours worked when determining an employee's Family and Medical Leave Act (FMLA) eligibility?

Author: Demetrius O. Holloway, Stites & Harbison

Yes. Under the FMLA, any hours worked by an employee that are required to be paid for under the Fair Labor Standards Act (FLSA) are counted toward the 1,250 hour requirement for FMLA eligibility. If the employer knows or has reason to believe that the employee is continuing to work, the time is considered hours worked.