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.

You Should Also Check Out This Post:

• FMLA Law News Update Jan. 5
• Suspicion of FMLA Fraud Leads to 2nd Medical Opinion
• FMLA Law News Update Jan 3, 2009
• FMLA Law News Update 12/29
• FMLA News Update 12/26

More Active Posts:

• Discovery (12)
• FMLA monthly update (5)
• Sample FMLA form discovery requests (4)
• FMLA case law shorts (2)
• FMLA jury instruction (1)
• FMLA law news update (1)
• FMLA Serious Health Condition Defined (1)
• Attorneys (1)