Q. We have a worker who applied for FMLA leave the day after she completed 12 months with the company. But she’d previously taken 20 days of short-term disability leave, which meant that technically she’d worked 20 days less than an entire year. Does she still qualify for FMLA?
Yes. As you know, employees are eligible to take FMLA leave if they have worked for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months. Even though your worker wasn’t present while on STD leave, those days count.