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Calculating FMLA Leave
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Calculating FMLA Leave
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We just went over to "a rolling 12-month period, measured backward from the date an employee uses any FMLA leave." Can someone explain this to me in simple terms?
I have an emp that went on FMLA 1-26
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Forums » Topic Forums » Legal Forum » Calculating FMLA Leave
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Calculating FMLA Leave
posted at 5/5/2011 4:31 AM EDT
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Posts: 11
First: 12/16/2009 Last: 8/15/2011 |
We just went over to "a rolling 12-month period, measured backward from the date an employee uses any FMLA leave." Can someone explain this to me in simple terms?
I have an emp that went on FMLA 1-26-11 and returned 3-7-11. If that emp had to go out again when would they be eligible. I'm just not grasping this concept. We previously used the "based on the 1st day an emp uses FMLA leave." Thank you. |
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Calculating FMLA Leave
posted at 5/5/2011 8:36 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
When an employee requests FMLA leave at any time you look back 12 months from the leave request date and then deduct the taken leave from 12 weeks. The net, if any, is the current entitlement.
That is my understanding. The FMLA experts on the forum can confirm if this is correct. |
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Calculating FMLA Leave
posted at 5/5/2011 9:01 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
here's a good explanation:
http://www.ohioemployerlawblog.com/2010/02/calculating-rolling-12-month-fmla-leave.html "There is no doubt that for employers the last option â the rolling 12-month period â is both the administratively burdensome and the most advantageous. Under this ârollingâ 12-month period, each time the employee takes FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. The FMLAâs regulations provide some insight into how this works in practice: For example, if an employee has taken eight weeks of leave during the past 12 months, an additional four weeks of leave could be taken. If an employee used four weeks beginning February 1, 2008, four weeks beginning June 1, 2008, and four weeks beginning December 1, 2008, the employee would not be entitled to any additional leave until February 1, 2009. However, beginning on February 1, 2009, the employee would again be eligible to take FMLA leave, recouping the right to take the leave in the same manner and amounts in which it was used in the previous year. Thus, the employee would recoup (and be entitled to use) one additional day of FMLA leave each day for four weeks, commencing February 1, 2009. The employee would also begin to recoup additional days beginning on June 1, 2009, and additional days beginning on December 1, 2009. Accordingly, employers using the rolling 12-month period may need to calculate whether the employee is entitled to take FMLA leave each time that leave is requested, and employees taking FMLA leave on such a basis may fall in and out of FMLA protection based on their FMLA usage in the prior 12 months. For example, in the example above, if the employee needs six weeks of leave for a serious health condition commencing February 1, 2009, only the first four weeks of the leave would be FMLA-protected. Choosing the rolling 12-month period will add some administrative burden to your FMLA management, but you will be repaid by the fact that employees cannot double-dip by taking more than 12 weeks of contiguous leave because there should not be an overlap of leave years." And here is a DOL opinion letter on rolling leave: http://www.dol.gov/WHD/opinion/FMLA/2005/2005_11_17_3A_FMLA.htm |
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