Eligibility 12 Months Non Consecutive?

Cris

We have an employee who worked for us from 1989 to 1994. He then transferred to another location, he left there in 1995. He returned to work for us in November 2000 (he has worked over 1250 hours since returning).

Section 825.110 Which employees are "eligible" . . . states "(b) The 12 months an employee must have been employed by the employer need not be consecurive months."

I am being told that it doesn't matter how long ago the prior employment was. Is he really eligible for FMLA leave?

System

Generally, because so much time passed since the prior employment relationship, if you can establish that you have entered into a new employment relationship with the employee with a new service date, the employee may be required to complete 12 months of service before being eligible for FMLA leave. This strategy would not be advised in all "breaks in employment," however. You should note that the federal regulations interpret the 12 months loosely -- for example if an employee works one day in a week (or is on leave) that week would count towards meeting the 12 month requirement. However, you should discuss this with your counsel for advice on your specific situation.