Hi all. Does anyone know if a federal clerkship counts as prior eligible federal service for FMLA entitlement purposes? Personal/anecdotal stories are appreciated...
I'll be joining the federal government in a few weeks, and I was hoping to take maternity/paternity leave a few months after I join my agency (but before I've been there for a year).
I was reading through the Family and Medical Leave Act (FMLA), and it looks like, to be eligible, one must have completed 12 months of "federal service" (not necessarily recent or consecutive). But looks like an "intermitted appointment or temporary appointment of one year or less" does not count as "federal service." This makes me think my one-year term federal clerkship won't count.
Does Federal Clerkship count for FMLA purposes? Forum
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Re: Does Federal Clerkship count for FMLA purposes?
It depends on how your judge's chambers classified you during your clerkship. Some do the temporary thing and others don't. If you go back and look at the HR paperwork from your clerkship, you should be able to figure it out.
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Re: Does Federal Clerkship count for FMLA purposes?
Very helpful. Thank you so much!Anonymous User wrote: ↑Mon May 02, 2022 12:09 amIt depends on how your judge's chambers classified you during your clerkship. Some do the temporary thing and others don't. If you go back and look at the HR paperwork from your clerkship, you should be able to figure it out.
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Re: Does Federal Clerkship count for FMLA purposes?
have the same question as the OP, I had a clerkship several years ago, and I was classified as a full time term law clerk, would that count for FMLA purposes and how much time would it add to maternity leave?
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Re: Does Federal Clerkship count for FMLA purposes?
It doesn’t really add any time to the leave itself, it just makes you eligible for federal parental leave (which requires FMLA eligibility)sooner as opposed to later.Anonymous User wrote: ↑Tue Jun 07, 2022 10:52 amhave the same question as the OP, I had a clerkship several years ago, and I was classified as a full time term law clerk, would that count for FMLA purposes and how much time would it add to maternity leave?
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Anonymous User
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Re: Does Federal Clerkship count for FMLA purposes?
Does anyone have a citation for this (that being a term law clerk counts as having been an employee for FMLA/parental leave eligibility purposes)? I've been trying to research and coming up empty, and this thread is the closest I've seen to an answer.
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Re: Does Federal Clerkship count for FMLA purposes?
Necropost, but I will hopefully know in a few days. I'll follow up when I find out.
