Two Simple FMLA questions

jimbomt

First question: If you run FMLA and other benefits concurrent, to tap FMLA for sick leave purposes does the absence need to be greater than 3 days as with a serious medical condition, or can FMLA be tapped for sick leave used for < than three days?

Second question: Of the two most beneficial methods for calculating FMLA benefits (forward measured 12 month vs. a rolling 12 month method) which do folks find the best. It would seem to me that a rolling 12 month method would be the most beneficial from an employer's perspective?

Thanks for your responses

mwild31

First question: "to tap FMLA for sick leave purposes does the absence need to be greater than 3 days as with a serious medical condition, or can FMLA be tapped for sick leave used for < than three days?" If the time off requested is approved for FMLA, then the entire time they are off, one hour, one day or less than three days can be taken from whatever account (vacation/sick/personal) they still have a balance in - as long as your policy allows it.

Second question: We have a rolling 12 month period. It is the most beneficial to the company as we don't tend to have overlapping time off. For instance, if everyone's FMLA reloads January 1, then people who were off the end of October of the previous year would reload with another 12 weeks after January 1st & consequently, instead of just taking 12 weeks off in a row they would get 24 weeks off - this would create a hardship for us & keeping the position open.

mushroomHR

I agree with mwild's response to question one. We do the same as mwild with regards to question two--rolling 12 month period.

marc

Ditto to both Mwild anwers.

POPEYE

Regardless of what method, 12 month rolling forward or backward or a calendar designated period, make sure that your written notice to the employee outlines the method you will, or have been using.

Don D

I've periodically gotten really anal about 12 months rolling forward and 12 months counting backwards, as the regs allow (in addition to a calendar year). There ain't a dime's worth of difference in the first two, but nevertheless, we use a rolling forward 12 month calculator that begins on the first hour of FMLA absence for that particular individual.

I cannot imagine for the life of me why an employer would choose to have the calendar year approach since, as was pointed out, it could easily result in an employee being off 24 weeks in a row.

Remember that if you do not choose and publish which way you will go with this, then the employee has the option of choosing whichever is most advantageous TO THE EMPLOYEE.