Mark J. Ventola
Phone: 617.897.5630
Fax: 617.439.9363
mventola@sheehan.com
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What are some recent developments involving family and medical leave?
Wednesday, January 31, 2007
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The First Circuit just held that an employee with a five-year break in service was entitled to count previous periods of employment with the same employer towards satisfying the length of service requirement under the FMLA. This ruling is a significant expansion of the law, in determining whether an employee qualifies for a leave. Generally, in order to be entitled to FMLA protections, an employee must have been employed for at least 12 months. Employees who have been with their employer for only a short period of time may now add previous periods of employment to meet this requirement.
Employers must be aware of this development when determining whether employees qualify for FMLA protection. As always, speaking to legal counsel is advisable if you have questions about your organization's policy.
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