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.