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Intermittent leave and accruing time

KP68KP68 164 Posts
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[font size="1" color="#FF0000"]LAST EDITED ON 08-01-03 AT 01:39PM (CST)[/font][p]Does an employee qualify for the FULL 12 weeks again 12 months after the first day they took intermittent leave (we do the rolling back calculation)?
Or do they get it back on almost an "accrual" basis?

Example: Employee took 2 weeks in September 2002, then 8 weeks in December, then 2 more weeks in February. Is he/she only eligible for the time that they 'get back' according to the timeline above? So in September 2003, he could take two weeks, but no more until December, when he could get 8 more weeks, etc....




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  • 7 Comments sorted by Votes Date Added
  • POPEYEPOPEYE 958 Posts
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    Yes your answer to your question is correct by the method you use. They re-gain their entitlement hours as they fall off from 12 months prior.
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  • markitamarkita 8 Posts
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    I work for a very small company and do a variety of several jobs. The HIPPA, FMLA, COBRA, etc. has just fallen in my lap. My knowledge on these various items is very limited, but I am learning about by reading all the different postings. The posting by KP68 on 8-1-03 concerning Intermittent leave and accuring time metioned that they were using the "rolling back calculation".
    Are there a number of diffferent ways to calculate this time and if so, where do I find them. Also, for beginner in this big world of regulations, where would be the best place to get started as an introduction.
    Any help would be greatly appreciated.
    Markita
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  • KP68KP68 164 Posts
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    I'd go to the DOL website first ([url]www.dol.gov[/url]). It is a little high-level, but thorough and it's coming straight from the source.
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  • POPEYEPOPEYE 958 Posts
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    There are many ways to compute the 12 month period. Rolling backward, rolling forward, a true calendar year or use the EE's anniversary year. Which ever method you use you must be consistent. Either of the "rolling" methods seem to be the ones of choice since the EE is not able to stack leave on top of leave as they can with the calendar year.
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  • LeslieLeslie 1,729 Posts
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    Popeye, are you sure? The way I read the regulations I concluded that intermittent leave could run for the rolling year (how we do it) BUT when configuring when they qualify for another 12 weeks (60 days, 480 hours, WHATEVER) you have to look at the intermittent leave as if it started one day, and concluded 12 weeks later.

    In other words, in the situation above the employee would be eligible for a full 12 week FMLA 365 days after the start date of the intermittent leave.
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  • POPEYEPOPEYE 958 Posts
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    >Popeye, are you sure? The way I read the regulations I concluded that
    >intermittent leave could run for the rolling year (how we do it) BUT
    >when configuring when they qualify for another 12 weeks (60 days, 480
    >hours, WHATEVER) you have to look at the intermittent leave as if it
    >started one day, and concluded 12 weeks later.
    >
    >In other words, in the situation above the employee would be eligible
    >for a full 12 week FMLA 365 days after the start date of the
    >intermittent leave.

    I think we are saying the same thing just in two different ways. Irregardless of whether it is intermittent or "long" term leave, an EE is entitled to 480 hours. As I interpret and have had explained to me by a DOL investigator, according to Sec 825.200 when using the rolling backward method, if an EE uses 8 hours on August 6, then 8 hours on Sept. 6 and 8 hours on Dec 6 then uses the remaining 456 hours during the next 3 months, they would not have any entitlement remaining until Aug 6 when they would have 8 hours, then 8 more hours on Sept. 6....... As they time falls off they pick up more entitlement.
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  • awilliamsawilliams 258 Posts
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    We publish a wonderful guide to figuring out FMLA requirements. It has footnotes which guide you to the specific regulation at issue. It is aptly titled: FMLA Leave: A Walk Through the Legal Labyrinth. If you subscribe to your state's Employment Law Letter, you can download it from this website for free. If not, check out the sample, which includes the table of contents, at: [url]http://www.hrhero.com/sample/trialfmla.pdf[/url].

    Anne Williams
    Attorney Editor
    Author, FMLA Leave: A Walk Through the Legal Labyrinth
    M. Lee Smith Publishers, LLC
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