Non - Continuous employment FMLA qualifications?

If you had worked for a company for 4 years and then did not work for them for 2 years and then worked for them for 8 months, do you qualify for the FMLA leave if you have worked for 1250 hours in that 8 months?

The employer does not think the person is eligible, but judging by the department of labor website I think they should be.


In the law I do not see any clause that says that the 12 months of employment need to be consecutive (it seems to say the contrary) at the department of labor website with the law:
http://www.dol.gov/dol/allcfr/ESA/Title_...

Also, the FAQ on the department of labor website says that:
Q: Do the 12 months of service with the employer have to be continuous or consecutive?

No. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted.

At http://www.dol.gov/elaws/esa/fmla/faq.as...

Am I misinterpreting this law? Should that person be eligible?

http://www.law.suffolk.edu/highlights/st...

Also looks like the person would be covered, but it says that the department of labor would establish these standards. I cannot find any specific dol rules.

The FMLA is not the easiest law to work with for either employers or employees, thus, I'd recommend you turn to the experts and call your local US DOL office and talk with the officer of the day. While it appears that you qualify, there may be a limit to how long ago your previous work with the company may be before being irrelevant. The FMLA is full of loopholes like that.