FMLA eligibility

Just a quick one. Say I have an employee who took FMLA from 11/28/2001 to 02/20/2002. Assuming they came back to full time employment, were they eligible for leave again last November or last week?

Comments

  • 2 Comments sorted by Votes Date Added
  • It depends on how you've worded your policy. If your policy details that you use a rolling 12-month period, their 12 months start on their first day of leave and runs consecutively through the next 12 months ... therefore, starting 11/18/01 and ending 11/17/02 - with 11/18/02 beginning the new 12 month rolling period.

    If you use the calendar method, they only used a couple weeks in 2001 and were entitled to another 12 weeks as of 1/1/02. Using your dates, they only used about 7 weeks in 2002 and could have requested another 5 throughout the remainder of the calendar year 2002. Then, as of 1/1/03 they'd be eligible for another 12.

    I believe if you don't specify in policy how you will calculate the 12-month period, the employee can choose the method that is most favorable to them (if they know that they have the right to do so).
  • We use the rolling 12 month time frame - so my date is 11/28. Thanks!
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