Does Federal Clerkship count for FMLA purposes? Forum

[Anonymous User]

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.

[Anonymous User]

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.

[Anonymous User]

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.

Very helpful. Thank you so much!

[Anonymous User]

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?

[Anonymous User]

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?

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]

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.

[Anonymous User]

Necropost, but I will hopefully know in a few days. I'll follow up when I find out.

The answer is yes, at least if your judge puts you on the leave act.

Source: I was on the leave act for two year-long clerkships, and now I'm on FMLA leave after joining DOJ through the honors program.