FMLA Question

CCH1400

I hope this is an easy question. When an employee goes out on FMLA the very first time, does that first effective date remain the date of the federal renewal of FMLA from then on? For example. We have an employee who went out in 2002 on FMLA and has not used it since until February of 2006. Do we use the renewal date from 2003 when the FMLA renewed or do we start with the new date from 2006 to be counted for renewal in 2007? I hope I have made myself clear. Thanks for your help.

atrimble

I think it depends on how your policy reads. Last year, we changed from calendar year (1/1-12/31) recording to a rolling 12 month period. We roll back and forward. When someone initiates FMLA, we look back twelve months to see if any other leave qualifies for FMLA protection, which may not have been requested or processed; usually there isn't any. We then inform the employee that if protection is approved, whatever chunk of leave they take drops off the "accrued FMLA leave" calculations the same date next year. If I took off 4/1-4/30/05 for minor surgery, then as of April 1 this year, I get that month's worth (168 hours) of FMLA leave eligibility back in my FMLA leave pool.

However, there are other legitimate methods of tracking. If you want to make it a calendar year that is shifted to annual employment date, I'd think that would work, or to do it from the very first initiation date of FMLA, though tracking that through the years may prove daunting.

My apologies if I haven't responded appropriately to what you're really asking...?

CCH1400

Thanks so much for your response. We use the look forward method butI had another source tell me that once the first year goes by and the ee does not need FMLA on the anniversary of their year, then you being the year again when the ee needs the leave next.

Can anyone point me to the section of the regs so I can see if it is spelled out there?

Thank you.

atrimble

I was going to copy and paste the applicable regs, but it turned into three plus screens...

[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.200.htm[/url]

CCH1400

Thank you. I went to that section of the regs and printed it so I have it to show in case I am questioned.