Employees are eligible forif they have worked for their employer for at least one year. But that service doesn’t have to be consecutive months. Employees who quit and return to work for the same employer can add up their service to reach the one-year threshold as long as their break in service isn’t longer than seven years.
Because employers are responsible for determiningeligibility, you must have a process in place that counts past service, and it’s not enough to follow Pennsylvania’s standard requirement to keep employment records for four years.
When it comes to the FMLA, you’ll need to retain records for at least seven years.
Advice: Whenever you hire someone, check your records of past employees. If your new employee is a rehire and last worked for you within seven years, be ready to credit that service if FMLA eligibility ever becomes an issue. If you don’t do that, and wind up denying FMLA leave to ...(register to read more)