U.S. Court of Appeals for the First Circuit

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Case Updates

First Circuit clarifies gaps in employment under the Family Medical Leave Act

December 18, 2006

The First Circuit reversed the district court's decision. In reversing, the Court of Appeals deferred to the DOL regulations, which the agency interprets as allowing for non-consecutive months to count toward the 12-month eligibility requirement under the FMLA.

U.S. Chamber files amicus brief

July 06, 2006

NCLC filed a brief urging the First Circuit to uphold the district court's decision in this Family Medical Leave Act (FMLA) case. FMLA requires that to be eligible for leave, an employee must have been employed “for at least 12 months.” The district court held that a former employee who was rehired after a five year gap in employment from the company, and then terminated nine months later, could not count his previous years of service with the company in calculating the 12-month eligibility requirement under the FMLA.

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