Ordinarily, workers are eligible for unpaid leave under theAct ( ) after working for at least 12 months at a company and clocking at least 1,250 hours during the 12 months leading up to the .
New guidance from the U.S. Labor Department reminds employers they should count toward FMLA eligibility the months and hours that military reservists or National Guard members would have worked if they hadn't been called for duty. Those "would have worked" hours should be combined with actual hours worked to see if they qualify for FMLA.
This rule is covered under the Uni-formed Services Employment and Re-employment Rights Act (USERRA), which entitles returning service members to job benefits they would have had if they had been continuously employed. For more information on complying with USERRA, go to www.dol.gov/elaws/userra0.htm.
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