Calculating FMLA Time Using Rollback
H Anderson
3 Posts
We use the 12-month rollback method for calculating leave under the FMLA. We have an employee who took her full 12 weeks of leave under the FMLA and returned to work on October 30, 2002. She is now expecting another leave to start sometime in October 2003, so her new leave will start before the end of her 12-month rollback period. Does that mean she isn't eligible for any new FMLA time at all? Or does it mean she is just eligible for additional FMLA time that falls after the end of her 12-month period (i.e., leave that falls after October 30, 2003)?
Comments
Linda S - if I'm off base here, please let me know.
My assumption is that we could look at the 12-month rollback period immediately preceding the new leave, which would extend until her return on October 30, 2002. The question would be, if she goes out again on October 15, 2003, would she be entitled to another 12 weeks starting on October 30, 2003? Or none at all, since she did have FMLA fall during the rollback period?
EXAMPLES: METHODS FOR CALCULATING 12-MONTH PERIOD
1. The calendar year: Ellen works for Amalgamated Consolidated, Inc., which has selected the calendar year method. Her son is born in September, 1996. She may take the last 12 weeks of 1996 and also the first 12 weeks of 1997 as FMLA leave, for a total of 24 weeks. She will have exhausted her leave entitlement until January 1, 1998.
2. Fixed 12-month "leave year:" Fred makes widgets for Widg-R-Us, which uses an employee's hiring anniversary date method. He was hired June 1, 1994. On February 1, 1996 he is stricken with a serious health condition. He may take 24 weeks of leave starting in March, 1996 (12 weeks for the year ending on his June 1 anniversary and 12 weeks for the following year). He will not be entitled to any more FMLA leave until after June 1, 1997.
3. 12-month period measured forward from date employee's first FMLA leave begins: Nancy has been working for Bilge Pumps Unlimited for three years when she requests FMLA leave to care for her aged father. Bilge measures forward from the date her leave begins, May 10, 1996. She may take 12 weeks leave before May 11, 1997. If she takes the full 12 weeks from May through August 11, 1996, she will not be entitled to any more FMLA leave until after August 12, 1997.
4. Rolling 12-month period: Charles, a longtime employee of Rent-a-Royal, takes 4 weeks of FMLA leave beginning February 1, 1996, 4 weeks beginning June 1, 1996, and 4 weeks beginning December 1, 1996. He is not entitled to any additional leave until February 1, 1997 when he will be entitled to up to 4 weeks of leave.
Under the fourth method, 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 8 weeks of leave during the past 12 months, an additional four weeks of leave could be taken. If an employee used 4 weeks beginning February 1, 1996, 4 weeks beginning June 1, 1996, and 4 weeks beginning December 1, 1996, the employee would not be entitled to any additional leave until February 1, 1997.
Again, I apologize!
In the 12 months measured forward..if employee has first FMLA 2-1-00, and may or may not exhaust all 12 weeks...and then has another FMLA 5-5-03. Do you keep the same period going forward (2-00/2-01..2-01/2-02..etc) or do you start a new 12 month priod 5-5-03/5-5-04 because there was such a gap in between? And is there a reg that speaks to that..or just what's been practiced?
Thanks for the insight...
/EDIT: Sorry, the word 'ever' should be 'never'. "12 weeks which were NEVER taken."
Don In using the "12 month measured forward" method, ee begins FMLA 2-1-00 and may or may not use the full 12 weeks. Then he asks for FMLA 5-5-03.
Is the 12 month period a continuation from 2-1-00 (i.e. 2-1-00/2-01-01,2-1-01/
2-1-02 etc) or do you start again 5-5-03 to 5-5-04 because there's been so much time in between? And is there a reg on that..or just common practice?
Thanks for any input.