In Rucker v. Lee Holding Co., 471 F.3d 6 (CA 1 2006), the court of appeals for the first circuit held that the complete separation of an employee from his employer for a period of years does not prevent the employee from counting earlier periods of employment toward satisfying the 12-month requirement. In essence, an employee that came back to work for the same employer could count his prior working tenure towards the FMLA’s 12-month eligible employee requirement.

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