Lost out on year of service due to Maternity and FMLA leave

Hello,

We just got our statements and I realized I did not get any contribution in 2022 due to having a baby. We require 1000 hours and I had 802. I took a look at our contract and looks like they should be crediting me for those hours. I brought this to their attention and they said I am wrong because I was not paid by my employer I was paid by the state. I’ve attached the pages of our contract with the information regarding leaves. Microsoft Word - 2020 New Plan SPD - 3155.pdfesop contract.pdf

Microsoft Word - 2020 New Plan SPD - 3155.pdf esop contract.pdf

Well, based on this sketchy information, I'd say the employer is correct. If the leave was PAID by the employer, that would be different. But it sounds like it wasn't, and an employer is not required to count unpaid FMLA hours of service for benefit accrual purposes. And don't confuse VESTING service with benefit accrual hours. 

Your SPD should have detailed procedures for you to appeal the Plan Administrator's decision if you wish to pursue it. Follow the procedures to the letter if you choose to appeal.

Free advice is what you pay for it, so don't rely on this. You could, of course, engage ERISA counsel, but I seriously doubt the benefit, even if you were to prevail, would be worth it.