If an employee uses 12 weeks of FMLA leave last year and comes back in June 2009 are they not entitled to another 12 week leave until June of this year?
Technically that is true, but the problem is the reference to 12 weeks.
There are 4 different methods that an employer can use to calculate leave under FMLA. But by far the most common is the rolling calendar method, where the employer starts counting forward from the first day the employee uses FMLA.
Under the rolling calendar method, the employer simply takes a calendar and marks the number of days of FMLA on it that the employee has used. The employer then counts the number of days to determine how many days (if any) are left.
Suppose Trinka takes a continuious 12 weeks of FMLA beginning on June 10, 2009. On June 10, 2010 she will have one day of FMLA she can use. If she does not take that day off under FMLA, on June 11, 2010 she will have two days of FMLA that she can use. So Trinka will not have the entire 12 weeks of FMLA that she can use until September 2010. However, she will have some days of FMLA that she can use between June and September 2010.
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