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Under the ''rolling'' 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.
CALCULATION OF LEAVE USAGEThe amount of FMLA leave taken is divided by the number of hours the employee would have worked if the employee had not taken leave of any kind (including FMLA leave) to determine the proportion of the FMLA workweek used.
Part-time employees FMLA provides up to 12 weeks of leave. A week is determined by the number of hours you normally work. Leave taken as full weeks: An employee who works 35 hours per week is entitled to 12 weeks of leave, which would total 420 hours (35 x 12), not 480 (40 x 12) hours.
Some state laws expand the amount of leave that may be taken or add to the definition of covered family members. Although many state "mini-FMLA" laws mirror the federal law's options for calculating eligibility time periods, there are others that differ, said Casey Kurtz, an attorney with Littler in Pittsburgh.
The 12-month rolling sum is the total amount from the past 12 months. As the 12-month period rolls forward each month, the amount from the latest month is added and the one-year-old amount is subtracted. The result is a 12-month sum that has rolled forward to the new month.
The next 12-month period would begin the first time FMLA leave is taken after completion of any previous 12-month period. As an example, if the employee begins FMLA leave on June 1, 2019, then the next 12-week period would begin again on June 1, 2020.
The FMLA/CFRA entitles eligible employees up to twelve (12) workweeks of unpaid, job-protected leave each calendar year (January 1st December 31st) for specified family and medical reasons.
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.
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.