You may. In order to be eligible to take leave under the FMLA, an employee must
(1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the
start of leave, (3) work at a location where 50 or more employees work at that location or
within 75 miles of it, and (4) have worked for the employer for 12 months. The 12
months of employment are not required to be consecutive in order for the employee to
qualify for FMLA leave. The regulations clarify, however, that employment prior to a
continuous break in service of seven years or more need not be counted unless the break
in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed
by a collective bargaining agreement or other written agreement.
