help!
System
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At the risk of sounding like an idiot, can someone please explain how the heck this FMLA 12-month measurement system works: The company will measure the 12-month period as a rolling 12 month period measured backward from the date an employee uses any leave under FMLA. With the rolling period measured backward, how do you know what the total 12 month period is? What are the benefits of this measurment system as opposed to measuring forward from the date FMLA begins or picking a calendar year? Can you give me an example of how the measuring backward technique works?
Comments
Here's the appropriate link to the DOL regarding your question:
[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.200.htm[/url]
The following is a quote from the above referenced site:
"(b) An employer is permitted to choose any one of the following methods for determining the ``12-month period'' in which the 12 weeks of leave entitlement occurs:
(1) The calendar year;
(2) Any fixed 12-month ``leave year,'' such as a fiscal year, a year required by State law, or a year starting on an employee's `anniversary'' date;
(3) The 12-month period measured forward from the date any employee's first FMLA leave begins; or,
(4) A ``rolling'' 12-month period measured backward from the date an employee uses any FMLA leave (except that such measure may not extend
back before August 5, 1993)."
Specifically, the DOL answers the "rolling" backward with the following:
"(b)(4) of this section, the ``rolling'' 12-month period, each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months. For example, if an employee has taken eight weeks of leave during the past 12 months, an additional four weeks of leave could be taken. If an employee used four weeks beginning February 1, 1994, four weeks beginning June 1, 1994, and four weeks beginning December 1, 1994, the employee would not be entitled to any additional leave until February 1, 1995. However, beginning on February 1, 1995, the employee would be entitled to four weeks of leave, on June 1 the employee would be entitled to an additional four weeks, etc."
I hope this information helps!
If you use a 12 month period going forward an employee could do the same thing.
Using the rolling 12-month period counting backward prevents employees from potentially taking 24 weeks of leave all at once.
If someone takes twelves weeks beginning Sept. 1, 2006, under the rolling forward year, isn't it true that they are not eligible for another 12 weeks until Sept. 1, 2007? What's an example of stacking under this system?
I think it's generally agreed that the calendar year method is the least desirable for the reasons you stated, although it is the simplest to administer. with the other systems you have to track everyone individually because they are on different time frames.