FMLA MINI LESSON
Recently been denied FMLA by the NPS due to Insufficient Hours---check again. An employer must be able to clearly demonstrate that such an employee did not work 1,250 hours during the preceding 12-month period if FMLA leave is to be denied on the basis that the employee is not eligible.
For example, in consideration of the time spent at home reviewing homework and tests, full-time teachers in an elementary or secondary school system, or institution of higher education, or other educational establishment or institution are deemed to meet the 1,250 hour test. It should also be noted that an employee would not have to be paid for the time in order for such time to be included as a part of "hours of service."
So example: 2 hours before/after school preparing (x 5) + 5 hours a weekend grading, etc x 40 weeks = possible additional 600 hrs.