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Any fixed 12-month period (such as a fiscal year or the period starting on an employee's anniversary date). The 12-month period measured forward from the date an employee's FMLA leave begins. A rolling 12-month period measured backward from the date an employee uses any FMLA leave.
The employer looks back 12 months (from July 31st back to the previous August 1st) to see if any FMLA leave had been used.
Employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements set out above.
Using this method, the employer will look back over the last 12 months from the date of the request, add all FMLA time the employee has used during the previous 12 months and subtract that total from the employee's 12-week leave allotment.
Under the rolling method, known also in HR circles as the look-back method, the employer looks back over the last 12 months, adds up all the FMLA time the employee has used during the previous 12 months and subtracts that total from the employee's 12-week leave allotment.
Employees can take up to 12 weeks of FMLA leave in a 12 month period. However, employers can define if that time is in a calendar year, a rolling 12 months backward from current days.
The leave offered by the FMLA (or, for that matter, California's Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule.
Records pertaining to FMLA leave Intermittent leave can be tracked by recording the employee's work schedule and subtracting from it the number of hours they took for FMLA leave. If the employee was scheduled to work 7 hours and only worked 3 hours, then 4 hours of FMLA leave can be counted.
One court has described intermittent leave as a series of absences, separated by days during which the employee is at work, but all of which are taken for the same medical reason, subject to the same notice, and taken during the same twelve month period. Davis v.
The leave offered by the FMLA (or, for that matter, California's Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule.