Family Medical Leave refers to unpaid family, care taking and medical leave for eligible employees. For the most part, the federal and state family and medical leave laws overlap. When your absence qualifies as FMLA leave under both state and federal laws, you will use up your entitlement under each law at the same time. Where one law provides a greater benefit than the other, you will receive the greater benefit. Entitlements are calculated on a calendar year, January 1 to December 31 for both state and federal purposes.
Service does have to be consecutive to be considered.
Under federal law, eligibility requires at least twelve months of service and at least 1,250 hours of service during the twelve-month period preceding the leave. Failure to comply with the following rules may result in the delay of leave or denial of leave. Where leave is foreseeable, you must make a written request for leave at least 30 days in advance. Where neither advance written nor oral notice is possible, then oral notice must be provided as soon as reasonably practicable with written documentation to follow. You will not be allowed to have such a designation made later.