I went out on FMLA in May 2005 last year for cancer, chemo & radiation all at one so I was off work for 6 months total using FMLA and sick time at my job. I returned to work in November and worked until currently I recently found out I have to have surgery again and my employer has advised me I do not meet eligibility for FMLA at this time because of me not working 1,250 hrs last year. I requested from my employer on several occasions the date I would be eligible this year to re-apply for FMLA but the I feel are giving me the run around my HR Coordinator states our system at work does not allow her to give us a date because it is based on attendance. Can my company deny me FMLA for my surgery this year because of not working 1250 hrs last year since this is concerned a serious illness? I worked in a Customer Service Center and we are based on telephone stats they state I have to take my sick leave since I do not meet eligibility for FMLA this of course will go against my stats. Please tell me if there is anything I can do about this situation. I have several emails sent from my HR dept stating my sick time and FMLA status would start over in 2006. Do I have any recourse with the company or am I just out of luck! :mad:

FMLA is a Federal law and the eligibility requirements are set at the Federal level. If you did not work 1,250 hours in the last 12 months, you are not eligible for FMLA.