No. The regulations make clear the protections for our men and women serving in
the military by stating that a break in service due to an employee’s fulfillment of military
obligations must be taken into consideration when determining whether an employee has
been employed for 12 months or has the required 1,250 hours of service.
Under the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA), hours that an employee would have worked but for his or her military
service are credited toward the employee’s required 1,250 hours worked for FMLA
eligibility. Similarly, the time in military service also must be counted in determining
whether the employee has been employed at least 12 months by the employer.
