How much time to count on a rolling option

System

Is an employee working for a company with less than 50 employees for the prior year eligible for FMLA consideration when a larger employer with more than 50 employees in the 75 mile area assumes the responsibility for those employees under a leasing arrangement? I recognize the “joint employment” responsibility under a leasing arrangement, but does time the employee worked for the prior company need to be considered in counting the 1250 hour requirement. Although the employee working in the same job would not have been eligible prior to the employee leasing arrangement, does his current eligibility for FMLA consideration include all the time he’s worked for the smaller company. We use the rolling time option for computing eligibility for employees.

Don D

My opinion is that your arrangement or a successorship would not invalidate the prior ineligibility by voiding it and counting the prior time. But, I'm no expert on FMLA or anything legal. A very interesting question to say the least. Maybe one of the legal people will weigh in.