Courts look at unpaid, off-the-clock work when tallying 1,250-hour FMLA threshold

Many part-time employees don’t qualify for FMLA leave because they haven’t worked at least 1,250 hours during the 12-month period immediately preceding the leave. But now some hourly employees and their attorneys are trying a new approach: They’re claiming that employers failed to count so-called off-the-clock work toward FMLA eligibility.