This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the three-prong test used to determine FMLA eligibility.
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The first prong of the three-prong test for employee eligibility is the minimum service requirement, which specifies that an employee must have worked for the employer for at least 12 months. The 12-month service requirement does not require consecutive months of service.
The minimum service requirement is calculated as of the date leave begins, not the date leave is requested. If an employee requests leave before the eligibility criteria have been met, the employer may have to project to when the date of eligibility begins to see whether the employee will be eligible by the proposed leave date.