The FMLA calendar: 4 methods to counting an - Business ...

The FMLA was created to allow employees time off to deal with their own serious health conditions or those of family members who need medical care. But the law carefully balances the rights of employees to keep their jobs while facing temporary hardships with the rights of em??ployers to run their businesses.

That?s one reason the U.S. Depart??ment of Labor?s (DOL) FMLA regu??la??tions (29 CFR ? 825.200) provide employers with several options for calculating how much leave employees are entitled to at any given time.

Eligible employees can take up to 12 weeks of unpaid leave during a 12-month period. According to the regulations, employers are permitted to choose any one of the following methods for measuring the ?12-month period? in which the 12 weeks of leave entitlement occurs.

1.? The calendar year

The calendar method is the simplest one. Eligible employees who have met the FMLA?s required 12 months of service and 1,250 hours of work are entitled to 12 unpaid weeks during any calendar year. The downside: This means someone could take 12 weeks of FMLA leave ending on Dec. 31 and then immediately be eligible for another 12 weeks starting on Jan. 1. This ?stacking? of leave makes the calendar-year option unpopular.

2.? Fixed 12-month year

This method is based on any fixed 12-month ?leave year,? such as the employer?s fiscal year or the em??ployee?s anniversary date or a year required by state law.

3.? 12 months going forward

This system measures the 12-month period going forward from the date of the employee?s first use of FMLA leave.

4.? Rolling 12-month calendar

The ?rolling? 12-month method measures backward from the date an employee first takes FMLA leave. This rolling method is more complex, but also more popular. That?s because it allows employers to limit FMLA leave to a total of 12 weeks during the preceding 12 months.

The rolling method would, for example, entitle someone who had already taken eight weeks in the last 12 months to just four more weeks. This method is more complicated because it requires a new calculation each time an employee requests FMLA leave. But it does prevent the possibility of someone taking 24 weeks of consecutive FMLA leave.

Which method should your organization select? That depends on how much record-keeping you want to do.

Inform employees

But one thing is certain: If you don?t select a method and let employees know, the DOL says you must use the method most beneficial to the employee. That may mean doing four calculations every time an em??ployee wants FMLA leave. So choose a method and use it consistently.

Want to change your calendar method? The DOL says:

?An employer is also permitted to change to another alternative method so long as a 60-day notice is given to all employees, and the full benefit of 12 weeks of FMLA leave under whichever alternative method yields the greatest benefit during the 60-day transition period is retained by all employees. At the conclusion of the 60-day transition period, the employer may implement the new alternative method selected.? (29 CFR ?825.200)

Note: Military caregiver leave regulations enacted in 2009 entitle employees to up to 26 weeks of leave per service member, per injury, in a single 12-month period, beginning on the date the leave begins. This effectively creates a second ?leave year? for employers to track.

FMLA online resources

Source: http://www.businessmanagementdaily.com/29435/the-fmla-calendar-4-methods-to-counting-an-fmla-year

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