NOVEMBER 2002 QUESTION OF THE MONTH
Q.
How
should the 12 month FMLA eligibility requirement be calculated
for returning military service members?
A. The
Uniformed Services Employment and Reemployment Rights Act
requires that a person reemployed under its provisions be
given credit for any months he or she would have been employed
but for the military service in determining eligibility
for FMLA leave. A person reemployed following military service
should be given credit for the period of military service
towards the months-of-employment eligibility requirement.
This would also apply to the 1250 hours-of-service requirement.
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