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- Family and Medical Leave Act Advisor

Employee Eligibility

Remember, the 12 months do not have to be consecutive. However, periods of employment prior to a break in service of seven years or more are not required to be counted toward FMLA eligibility unless:

  1. There is a written agreement, including a collective bargaining agreement, concerning the employer's intention to rehire the employee after the break in service; or
  2. The period of absence from work was due to or necessitated by USERRA-covered service.

Based on this additional information, has the employee worked for the employer for at least 12 months?

For more information on this aspect of the FMLA, see the FMLA regulations: ยง 825.110(b)