FMLA eligibility

Leslie

Just a quick one. Say I have an employee who took FMLA from 11/28/2001 to 02/20/2002. Assuming they came back to full time employment, were they eligible for leave again last November or last week?

sandra_d

It depends on how you've worded your policy. If your policy details that you use a rolling 12-month period, their 12 months start on their first day of leave and runs consecutively through the next 12 months ... therefore, starting 11/18/01 and ending 11/17/02 - with 11/18/02 beginning the new 12 month rolling period.

If you use the calendar method, they only used a couple weeks in 2001 and were entitled to another 12 weeks as of 1/1/02. Using your dates, they only used about 7 weeks in 2002 and could have requested another 5 throughout the remainder of the calendar year 2002. Then, as of 1/1/03 they'd be eligible for another 12.

I believe if you don't specify in policy how you will calculate the 12-month period, the employee can choose the method that is most favorable to them (if they know that they have the right to do so).

Leslie

We use the rolling 12 month time frame - so my date is 11/28. Thanks!