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Spirit Airlines curtails employee eligibility for FMLA leave, lawsuit alleges

September 12, 2023

Via: HR Dive
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The FMLA provides eligible employees the right to take up to 12 work weeks of job-protected leave for a qualifying reason, a DOL guidance explains. For example, an eligible employee who works 32 hours a week may use up to 32 hours of FMLA leave a week for 12 weeks, the guidance notes.

Most employees are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and work at a location where the employer has at least 50 employees within 75 miles, according to the guidance.

Additionally, the 1,250 hours include only those hours actually worked for the employer. Paid and unpaid leave, including FMLA leave, are not included.

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