Calculating FMLA with rolling back method

cmc1984

Have an employee who was on FMLA/Workers Comp 9-14-05 and exhausted FMLA. He now is out of work since 9-12-06 as a result of family member illness. I am trying to write his LOA letter. Because of the circumstances we are granting him personal leave until he becomes eligible for FMLA again. Using the roll back method he is not eligible for FMLA again until 9-15-06, but for only one day and each day after that, correct? How do I convey this in his letter? Does anyone have or know where I may obtain a sample letter which addresses this?
Much appreciated.

NaeNae55

Assuming employee used 12 weeks straight as of 9/14/05:

Dear Employee:

Looking back through the last 12 months, we discovered that you have used your entire 12 week allotment of FMLA leave. You took 12 consecutive weeks effective 9/14/05.

Using the rolling year method, you will begin to have FMLA leave available as of 9/15/06. This leave will become available on a day to day basis. That is, if you do not use it, you will have one day available as of 9/15/06 and then two days available as of 9/16/06, etc. You may, of course, use this leave as it becomes available.

For the period of 9/12/06 through 9/14/06 we are granting you a Leave of Absence.



Then talk about any paperwork that needs to be completed just as you normally would.

Hope this helps.

Nae

cmc1984

Thank you so much that is perfect. We have been having a debate as to whether this employee would qualify for FMLA as they were out because of a work related injury for more than the 12 FMLA weeks.
Much appreciated.