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Returning worker, FMLA leave and consecutive employment

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in FMLA Guidelines,Human Resources

Q. We have an employee who has worked for us for more than 12 months, but not 12 consecutive months (he left, and then we rehired him). Now this employee is requesting FMLA leave. Must the months of employment required to be eligible for FMLA leave be consecutive?

A. Under the current FMLA regulations, the 12 months that an employee must have been employed by the employer need not have been consecutive months. However, the employee must have worked for the employer for at least 1,250 hours during the 12-month period preceding the request for leave. Thus, if the total employment time with the employer exceeds 12 months, and the employee has worked more than 1,250 hours in the 12 months immediately preceding the request for leave, the employee is eligible for FMLA leave.

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