NIW and family leave

[NIW applicant]

Hi,
I have an approved NIW with the CSC. I complete my 5 years on August 6th, but I had to take unpaid time off (about 2 and a half months) under family medical leave 3 years ago. Is anyone aware if the CSC considers time off under FMLA as additional time that has to be done for completing 5 years. My lawyer is refusing to send in my final evidence until the end of October because of this, but i haven't found this in writing anywhere.
Any input will be greatly appreciated.
THANKS!!!

 

[IMMIGA]

As far as I know time taken for medical leave ,family etc or just plain time off work does not count,that is why they give you 6 years to complete 5 years of mua employment

 

[lalalala]

well looks like a contentious point, i took FMLA for birth of my child for one month as thats what the employer allowed , out of which only 2-3 days were unpaid , so i think as max. 2-3 days can be debatable , rest of my FMLA was from my accrued vacation and sick time,which should count as NIW 5 year clock

 

[IMMIGA]

It is not reaaly a contentious point ,FMLA leave as long as it is paid as in you took sick time,acrued vacation etc is covered but as I understand if you had to take unpaid leave then it is not covered