Human Resource Blog

Best FMLA

I work in HR and I am researching which is the best of the 4 methods used to caculate fmla. 1. calender year 2. Any fixed 12 month period 3. 12 month measured forward from the first day 4. A rolling 12 month period. Which is the best method for an employer to use?

There is no guaranteed best method to use in tabulating FMLA, but more than 75% of employers surveyed use method #3, 12 months measured forward from the first day. Using this method, suppose Cindy took 12 weeks of FMLA beginning November 9, 2009. She would then not be eligible for additional FMLA until November 9, 2010.

Of the other three methods, the calendar year  and fixed 12-month periods (methods #1 and #2 in your question) carry the most drawbacks for the employer. If you opt to use that method, an employee could take 12 weeks of FMLA in October, November and December 2009, and qualify for another 12 weeks of FMLA in January, February and March 2010.  The same is true if you use the fixed 12-month period, except the re-start date changes.

The rolling 12-month period can be a real headache to track, which is why most employers use method #3.