An employee was hired and began work on August 25, 2005. His fiance unexpectedly went into labor on August 8, 2006. The employee notified his supervisor of the situation and requested to use several days of accrued paid leave. The request was granted. The employee returned to work on August 16, 2006. The child had been born several months premature and would remain in the neonatal intensive care unit for at least three months. The fiance was using her own leave while their child was in the hospital. The employee informed the employer that he would need to take FMLA leave to care for the child when the child returned home in mid-November of 2006. The employee was promptly terminated. His employer argued that because the employee had not been employed for twelve months at the time of his termination he had no FMLA rights to assert. What should the court decide? Why?