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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.
The 12-month period measured forward from the date any employee's first FMLA leave begins; or, A rolling 12-month period measured backward from the date an employee uses any FMLA leave.
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.
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'' 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.
The single 12-month period begins on the first day the eligible employee takes military caregiver leave and ends 12 months after that date, regardless of the method used by the employer to determine the employee's 12 workweeks of leave entitlement for other FMLA-qualifying reasons.
For example, 12 weeks of FMLA for an employee who works five-day workweeks equals 60 days. If an employee normally works 40 hours per week with occasional exceptions, that's 480 hours of FMLA leave.
A 12-month Period Measured Forward from the First Day of Your Employee's Leave. Under this method, the 12-month period begins on the first day your employee takes FMLA leave. If FMLA leave is taken after that 12 months ends, their next 12-month period begins on the first day of that leave.
The FMLA, or Family and Medical Leave Act, is a federal law that allows certain employees working for covered employers to take up to 12 weeks of unpaid leave during each 12-month period. The 12-week allowance resets every 12 months, so in a sense, FMLA continues each year.
FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour. The employer must allow employees to use FMLA leave in the smallest increment of time the employer allows for the use of other forms of leave, as long as it is no more than one hour.