Labor E-Bulletin - Only Actual Hours Worked Count Toward the FMLA’s Hours of Service Requirement
May 9, 2007
The United States Court of Appeals for the Sixth Circuit recently held that the 1,250 “hours of service” requirement for purposes of FMLA eligibility is based on hours actually worked. Mutehler v. Dunlap Memorial Hosp., 2007 WL 1263968 (6th Cir. 2007) In this case, a registered nurse was paid for 68 hours of work, instead of the 48 hours she actually spent on duty, if she worked four 12-hour weekend shifts in a two-week period. The employee requested two separate leaves of absence for surgical procedures, the first of which was approved. While the first leave was in progress, the employer discovered that the employee had worked only 1,242.8 hours in the year preceding her leave and denied her request for the second leave of absence. The employee then sued, arguing that her hours of service should include the bonus hours she was paid for working on weekends. The Court disagreed, holding that hours of service under the FMLA includes hours that an employee is “required to give” to his or her employer. It does not include pay for hours that are not worked but, rather, paid as an incentive. Although the Court also concluded that the employer was entitled to deny the nurse’s request for the second leave, despite initially confirming her eligibility, employers should make accurate and prompt eligibility determinations each time an employee requests FMLA leave.
An additional development for Ohio Employers:
Employee Who Completes Fixed-Term Contract is Eligible for Unemployment Compensation
On April 4, 2007, the Ohio Supreme Court held that an employee who agrees to a termination date under a fixed-term employment contract has not agreed to become voluntarily unemployed and therefore, does not waive the right to unemployment benefits. Lorain County Auditor v. Ohio Unemployment Compensation Review Commission (2007), 113 Ohio St. 3d 124. The employer in this case stopped scheduling an employee after she reached the annual maximum 1000 hours of work permitted under the terms of her employment contract. The Court also concluded that completing a fixed term agreement does not constitute a “discharge for cause” that disqualifies an employee from receiving unemployment benefits.
An additional development for Ohio Employers:
Employee Who Completes Fixed-Term Contract is Eligible for Unemployment Compensation
On April 4, 2007, the Ohio Supreme Court held that an employee who agrees to a termination date under a fixed-term employment contract has not agreed to become voluntarily unemployed and therefore, does not waive the right to unemployment benefits. Lorain County Auditor v. Ohio Unemployment Compensation Review Commission (2007), 113 Ohio St. 3d 124. The employer in this case stopped scheduling an employee after she reached the annual maximum 1000 hours of work permitted under the terms of her employment contract. The Court also concluded that completing a fixed term agreement does not constitute a “discharge for cause” that disqualifies an employee from receiving unemployment benefits.
