Stroock Employment Newsletter
"First Circuit: Five Year Break in Employment Does Not Disqualify Employee For FMLA Eligibility"
In Rucker v. Lee Holding Co., d/b/a Lee Auto Malls, No. 06-1633 (1st Cir. Dec. 18, 2006), a case of first impression under the federal Family and Medical Leave Act (“FMLA”), 29 U.S.C. §2601 et seq., the United States Court of Appeals for the First Circuit held that an employee can satisfy the FMLA’s service eligibility requirement as long as he or she has worked for the same employer for a total of twelve months - even if the service is interrupted by a significant break in the employment relationship. Also in this Issue: New Jersey Bans Transgender Discrimination; and Sixth Circuit: General Release Bars Former Employee from Resurrecting Discrimination Claim by Bringing a Releated Failure To Rehire.