How is a 12-month period defined for FMLA eligibility purposes?

In Texas, the 12-month period for FMLA eligibility purposes is defined by the amount of time an employee has been employed by their employer. An employee must work 12 months for their employer prior to being eligible for the FMLA. This 12-month period must also be a continuous period of employment with the employer. This means that any breaks in employment due to layoffs, furloughs, or other circumstances do not count towards the 12-month period. The 12 months of employment do not need to be completed consecutively. There is a "rolling back" method that the employer can use which takes the 12 months that are closest to the current date and use those for FMLA eligibility. For example, if you have worked for your employer for 15 months, the previous 12 months count towards your FMLA eligibility. The 12-month period for FMLA eligibility also takes into account any part-time employment. To be eligible, the 12 months can include the hours of part-time work in addition to any full-time work you have completed. In essence, the 12-month period for FMLA eligibility is determined by the amount of time you have worked for your employer. Part-time hours do count, but any breaks in employment do not. The 12-month period does not need to be completed consecutively, as the rolling back method can be used.

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