"Despite the FMLA's language requiring that an employee 'work' for the employer for at least 12 months, regulations implemented by the [DOL] indicate that an employee must only be 'employed' for 12 months. In other words, if an employee remains on your payroll for 12 months, he may be eligible under the FMLA, regardless of how many months he actively performed work.... Most troubling of all is the fact that unpaid leave extended before the employee becomes FMLA-eligible would not count toward his 12 weeks of FMLA leave. So after taking 8 weeks of unpaid leave, the employee could request an additional 12 weeks of leave before exhausting his protection."

MORE >>