Does time during a leave of absence count toward the 1 year of employment required to qualify for and use FMLA?

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Does time during a leave of absence count toward the 1 year of employment required to qualify for and use FMLA?

I was injured at my 7th month of employment and was on a leave of absence for 6 months. I was originally told that I did not qualify for FMLA due to length of employment. Should I have been able to take medical leave since I was past my 1 year mark?

Asked on February 28, 2012 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, leave of absence time is not "work time" for this purpose. While you do not need all 12 months of service to be consecutive--for example, you could have done 7 months prior to a leave, then 5 months post-leave, and that would qualify--you still need to have actually worked for at least 12 months. From what you write, you would therefore seem to not be eligible.


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