FMLA Occurances

If an employee has utilized FMLA in the last fiscal year and are sick again in the new fiscal year can they qualify for FMLA or does the 1,250 hours worked become a determining factor?


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  • You have 3 options for counting leave. Look forward, look backward, or calendar year. If you use the calendar year (12 weeks per calendar year), you might have to give an employee 24 weeks leave in one stretch (12 weeks end of year 1 and 12 weeks beginning of year 2). If you use the look forward method, you look forward day to day to how many hours the employee has available. If you look backward, it works pretty much the same way, with you looking back at the last 12 months. There is nothing in the regs about fiscal years.

    Whatever method you choose, you must be consistant. I suggest you look to your records for prior FMLA leave and see how it was handled then.

    Good luck!
  • Nae gives good advice - it all depends on how you define the FMLA year, via the three methods Nae lists. Just be sure that you are using the same method as has been used in other FMLA instances.

    In most FMLA paperwork I've used, you are required to state which calculation method you are using, so that might be a place to start. Also, most professionals agree it's a good idea to disclose your FMLA calculation method in your FMLA policy (usually in your handbook), so that would be another good place to look.