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The FMLA 12 Month Calendar

mmceneanymmceneany 2 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Our company currently begins the 12 month calendar on the first day
of the employees FMLA leave (employee specific). Is this appropriate or are we required to have the same 12 month calendar for every employee (ie: Jan - Dec)
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  • 2 Comments sorted by Votes Date Added
  • awilliamsawilliams 258 Posts
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    Under the FMLA you can choose how to calculate a 12 month period. Your choices are: 1) a calendar year, 2) any fixed 12 month period, 3) a forward-measured 12 month period, adn 4) a rolling 12 month period. 29 CFR 825.200(b)-(c).

    Our HR Executive Special Report: FMLA Leave: A Walk Through the Legal Labyrinth, discusses the pros and cons of each option in detail. If you are a law center member, you can access the report on this website.


    Anne Williams
    Attorney Editor
    Author of FMLA Leave: A Walk Through the Legal Labyrinth
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  • Susan Fentin MASusan Fentin MA 63 Posts
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    It appears that, under your policy, you calculate an employee's available leave by counting forward from the first date of any FMLA leave. If that is the case, in essence, you are using the "same year" for every employee, because any employee who gets FMLA leave will be treated the same way. And this is a permissible way of calculating FMLA eligibility. If you have any further questions, please feel free to contact me directly.
    Susan Fentin
    Associate Editor
    Massachusetts Employment Law Letter
    [email]sfentin@skoler-abbott.com[/email]
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