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For the rolling backwards method, each time an employee requests more FMLA leave, the employer uses that date and measures 12 months back from it. An employee would be eligible for remaining FMLA leave he or she has not used in the preceding 12-month period.
An employee's 12-week FMLA leave can be calculated using the calendar year, any fixed 12-month year, the first day of FMLA leave or a rolling period.
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.
For example, an employer considers Thanksgiving a holiday and is closed on that day, and none of its employees work. One of its employees is taking 12 weeks of unpaid FMLA leave the last 12 weeks of the calendar year. The employer would count Thanksgiving Day as FMLA leave for that employee.
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. Example 1: Michael requests three weeks of FMLA leave to begin on July 31st.
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.
Intermittent/reduced leave schedule When it is medically necessary, employees may take FMLA leave intermittently taking leave in separate blocks of time for a single qualifying reason or on a reduced leave schedule reducing the employee's usual weekly or daily work schedule.
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. Employers must track this information.
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.