Human Resource Blog

FMLA Rolling Calendar

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I have a question regarding the rolling calculation method. We have an employee who used 6 weeks of FMLA from 6/8/07 to 7/23/07, then used 4 weeks from 5/2/08 to 6/1/08, and now is requesting 2 weeks from 6/1/08 to 6/16/08. Based on the rolling calculation method, is she eligible for 1 week from 6/1/08 to 6/8/08, and then a whole 12 weeks beginning from 6/8/08?

Just to review, there are 4 permissible ways to calculate FMLA, as you probably know. FMLA can be counted on the calendar year. It can also be calculated beginning on a fixed date, such as the beginning of the fiscal year or the employee’s annivarsary date. The most common method is a 12-month period from the first day that the employee uses FMLA leave. (Using this method, the employee would indeed be entitled to an additional 12 weeks of FMLA beginning 6/8/08.)

The final method of calculation is the one your company uses, the rolling year. Under this method, eligibility is calculated backwards beginning on the date the employee uses leave. In your example above, an employee who requested FMLA leave on 6/8/08 would only be entitled to 1 week of FMLA leave.  That’s because, counting backwards from 6/8/08 to 6/8/07,  the employee has already used 11 weeks of FMLA. If the employee took that week, on 7/24/08 she would be entitled to an additional 6 weeks of FMLA leave. On 6/2/08 she would be entitled to an additional 4 weeks of FMLA leave.

For more about calculating FMLA leave, see http://www.dol.gov/elaws/esa/fmla/faq.asp