Intermittent leave, different conditions

I have an employee who used 7 weeks of FMLA starting in May 2002 to July 2002 for one condition, then the last five weeks October to November 20, 2002. She needs another surgery - she's scheduling in November so I'm not going to nitpick on the EXACT date, but tell me....When is she eligible?

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  • That depends on what method you use. We go by the date of application which if she were our ee, she would be eligible for the full twelve in May 2003. I'm not familiar with the rolling back method, but my little knowledge makes me think she would at least be eligible for seven weeks and by November 20th she will have earned back the other five weeks. Then there is the fiscal or calendar method which would make her eligible on January 1st 2003. If your company has nothing in writing you should go by whatever method will benefit the ee then sit down and figure out which method you would like to use from this day forward and get it in writing.

  • AS previously stated, the entitlement period will vary depending on what
    you have advised in your policy and notifications. We use the "Rolling Backward" method and in your scenario, the EE would be eligible today for 7 weeks and then would pick up additional weeks as the usage from Oct. and Nov. of last year would "fall-off".

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