Determining 12-Month Period

I've been asked to find out what method other companies are using for determining the 12-month period for FMLA leaves. We currently use the "rolling backward" method. What do method do you use and how has it worked for you?

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  • As you know, the FMLA eligibility period is measured as of the date the leave is scheduled to begin and is based on either a calendar year, fixed year (such as fiscal or anniversary date), 12-months measured forward (i.e. 12 months from the date a period of leave began), or 12-months measured backward (i.e. looking back to the 12 months prior to the date a leave is expected to begin.)

    Using a fiscal or anniversary year or a calendar year is problematic because it allows employees who have worked for you for the initial one year/1250 hours to "stack" leave. An employee could take 12 weeks leave at the end of a "leave window" calculation period and another 12 weeks at the beginning of the next leave window. I don't know anyone using the "look forward method".

  • We use the looking forward method, because we have state FMLA that requires you use that method, so for ease of tracking, we use it for federal FMLA as well.
  • We use the rolling forward calendar. It is working very well, especially with intermittent cases.
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