Question: We have an employee who reached her 12 months of service mark while she was out on a non family medical leave. Does her time on leave count towards the 12 months of service for federal Family and Medical Leave Act (FMLA) leave, and are we required to give her an additional 12 weeks of leave?
Answer: Yes, her time on leave of absence does count towards her 12 months of service requirement for leave eligibility under the Family and Medical Leave Act (FMLA) as long as she has been employed for at least 1,250 hours of service during the 12-month period.
If she has a FMLA-qualifying reason for leave, meets all eligibility requirements, and can provide the employer required documentation, the employer must allow her to take additional leave up to the 12-week maximum. Any leave required beyond that would depend on state law or whether there is a disability involved.