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Subscribe by EmailThe FMLA 12-Month Period: How Is It Calculated?
Under FMLA (Family and Medical Leave Act), if you are an “eligible” employee, you are entitled to as much as 12 weeks of leave for certain family and medical reasons during a 12-month period.
Question: How is the 12-month period calculated?
Here are four possible answers:
- the calendar year;
- any fixed 12-month “leave year,” such as a fiscal year, or a year starting on the employee’s “anniversary” date;
- the 12-month period measured forward from the date any employee’s first FMLA leave begins; or
- a “rolling” 12-month period measured backward from the date an employee uses FMLA leave.
Which of the above four is NOT a correct answer?
The answer is:
Employers may select any one of four options.
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Posted by Michael Harris
on March 31, 2006
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Employers may select any one of these options, but they must (a) notify employees which option they select and (b) use that option for ALL employees who go on FMLA.
This seems obvious to a lawyer and the common man (it’s fair treatment) but you may be surprised to know that I’ve actually seen folks try to use the method switcheroo to deny FMLA. It has never worked.