FMLA for previous ee??

njjel

I posted this elsewhere but am posting here as well to hopefully get additional input. Does anyone know if the courts overturned the decision that an employer must count previous time worked as qualifying time for the 12 months and 1250 hours of time when an employee is rehired?

LindaS

The 12 months need NOT be consecutive so that would count toward their FMLA eligibility BUT the 1250 hours must be in the 12 months immediately preceeding the FMLA.

Does this answer your question?

njjel

Yes, thanks. Can you tell me where to find this decision?

dixied

You should find the information your want at:
[url]http://www.dol.gov/esa/whd/fmla/[/url].

njjel

Yes that's the reg but I was looking for where i could find the recent court decision.

System

The court decision can be found here:

[url]http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=06-1633.01A[/url]

In looking through it again, I see that the DOL's amicus brief submitted in this case stated that it believed that a break in service of over five years would be at the "outer bounds of what is permissible." So maybe the DOL will fashion a regulation limiting the time period after all.