To be eligible for , employees must work for your organization for at least 12 months. But take note: Those months don’t need to be consecutive.
In fact, a break in service can last several years, and even include the employee quitting and being rehired.
That’s why it’s wise to ask about prior service with the organization during hiring or employee orientation. Then, even if you don’t use that information for any other reason, make a note for -eligibility purposes.
Recent case: Kenneth Rucker quit his sales job at Lee Auto Malls, but five years later the company rehired Rucker for the same job.
Seven months into his second stint, he hurt his back and had to take medical leave. The dealership fired him when he didn’t return to work after two weeks. It reasoned that the FMLA didn’t cover Rucker because it had been less than 12 months since he was rehired. (He had worked more than 1,250 hours since his return, meeting the other FMLA threshold.)
Rucker sued and the 1st Circuit Court of Appeals sided with him, declaring that “the complete separation of an employee from his or her employer for a period of years … does not prevent the employee from counting earlier periods of employment with the employer toward satisfying FMLA’s 12-month requirement.” (Rucker v. Lee Holding Company, No. 06-1633, 1st Cir., 2006)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2289/calculating-fmla-eligibility-add-in-prior-service "
- Beware bias against men who take FMLA leave
- Is intermittent leave for childbirth OK? Only if you agree
- Can FMLA absences count against an employee's attendance bonus?
- When harassment case is on the line, be ready to prove you did everything you could to stop it
- After merger, must we hire worker who's on FMLA?