Employment, Labor and Benefits Advisory: First Circuit Outlines Requirements for an Employee's Eligibility for FMLA Leave


In a case of first impression, the United States First Circuit Court of Appeals held that an employee may count periods of past employment with an employer to meet the 12-month eligibility requirement for leave under the Family and Medical Leave Act (FMLA). See Rucker v. Lee Holding Co., No. 06-1633, 2006 WL 3704457 (1st Cir. Dec. 18, 2006).

For an overview of this decision and a list of action items for employers, please see this Mintz Levin advisory.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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