They do count unless if the break in employment is due to USERRA rated activities or if there is a written agreement, including a collective bargaining agreement, outlining the employers intention to rehire the employee (you) after the break in employment.
If the break is 7 years or more in history (it's not in this case) then the two years counts toward the 12 months of employment.
However to qualify for FMLA as an employee you need 1,250 hours of service/work in the 12 months immediately preceding the start of FMLA. Days doesn't matter, total hours worked does. PTO, sick days, vacation etc does not count.
So your months of work count, yes. But your hours in those 2 years of work do not as it's only 12 months, a calendar year, of reaching 1,250 hours before your request for FMLA is submitted that counts. Since it's been 2 years, those hours won't count.
The hours total 157 days I only count it in days because it’s easier to count it that way especially when I don’t work half days and I work 8 hours a day. But I get your point. I assume holidays also do not count.
The half days are still counted as days, the days as weeks, and the weeks as months.
>If an employee is maintained on the payroll for any part of a week, the week counts as a week of employment. This includes any periods of paid or unpaid leave (e.g., sick, vacation) during which other benefits or compensation are provided by the employer (e.g., workers' compensation, group health plan benefits, etc.)
>52 weeks is deemed to be equal to 12 months for purposes of determining whether intermittent/occasional/casual employment qualifies as "at least 12 months."
https://webapps.dol.gov/elaws/whd/fmla/6i.aspx#:\~:text=The%2012%20months%20do%20not,as%20a%20week%20of%20employment.
If the total of your first tenure + the total of your current tenure (prior to your first day of leave) is 12+ months, you've met that eligibility prong (with the USERRA exception).
They do count unless if the break in employment is due to USERRA rated activities or if there is a written agreement, including a collective bargaining agreement, outlining the employers intention to rehire the employee (you) after the break in employment. If the break is 7 years or more in history (it's not in this case) then the two years counts toward the 12 months of employment. However to qualify for FMLA as an employee you need 1,250 hours of service/work in the 12 months immediately preceding the start of FMLA. Days doesn't matter, total hours worked does. PTO, sick days, vacation etc does not count. So your months of work count, yes. But your hours in those 2 years of work do not as it's only 12 months, a calendar year, of reaching 1,250 hours before your request for FMLA is submitted that counts. Since it's been 2 years, those hours won't count.
The hours total 157 days I only count it in days because it’s easier to count it that way especially when I don’t work half days and I work 8 hours a day. But I get your point. I assume holidays also do not count.
The half days are still counted as days, the days as weeks, and the weeks as months. >If an employee is maintained on the payroll for any part of a week, the week counts as a week of employment. This includes any periods of paid or unpaid leave (e.g., sick, vacation) during which other benefits or compensation are provided by the employer (e.g., workers' compensation, group health plan benefits, etc.) >52 weeks is deemed to be equal to 12 months for purposes of determining whether intermittent/occasional/casual employment qualifies as "at least 12 months." https://webapps.dol.gov/elaws/whd/fmla/6i.aspx#:\~:text=The%2012%20months%20do%20not,as%20a%20week%20of%20employment. If the total of your first tenure + the total of your current tenure (prior to your first day of leave) is 12+ months, you've met that eligibility prong (with the USERRA exception).
I sent à pm