What are the FMLA eligibility rules for employees who leave and then come back?

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in FMLA Guidelines,Human Resources

Q.  We have an employee who has worked for us for just six months. However, three years ago, she worked for us for about a year before quitting and going back to school. Now she has requested time off under the FMLA. Is she eligible?

Yes. To be eligible, an employee must have worked for 12 months. The 12 months need not be consecutive, although employment prior to a continuous break in service of seven years or more need not be counted.

There are only two exceptions to this rule:

  1. The break in service is due to military obligations
  2. The break is approved, where a written agreement exists concerning the employer’s intent to rehire the employee.

Here, your employee has worked a combined total of about a year and a half within the past three years. Accordingly, she meets the FMLA’s 12-month eligibility requirement.

Keep in mind that she must have worked at least 1,250 hours in the previous year to be eligible for FMLA leave.

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