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Multiple FMLA Requests

We use the 12 month or 1st day use method for FMLA. My question is, if an employee requests FMLA for more than one condition or family member months apart do they all expire at the end of the 12 months or does each FMLA request remain in effect for 12 months and overlap into the next 12 months and the next 12 months essentially double dipping?

The federal Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave in a defined 12-month period for specified family and medical reasons.

Employers may select one of four options to establish the 12-month period: the calendar year, any fixed 12-months, the 12-month period measured forward, or a rolling 12-month period measured backward. An employer may select any method as long as it’s applied uniformly and consistently with all employees.

It sounds like you’re using the 12-month period measured forward method.

When measuring forward, the available FMLA leave amount is measured from the first date an employee takes FMLA leave. The next 12 -month period would begin the first time FMLA leave is taken after completion of the prior 12-month period.

For example, Mary’s FMLA leave begins on March 20th. So, her FMLA 12-month period is from March 20, 2017 through March 19, 2018. So, during this 12-month period Mary is entitled to 12-weeks of FMLA leave for any qualifying event.

This method doesn’t totally eliminate the possibility of an employee stacking leave time.

For example, let’s say its March 6, 2018 and Mary has two weeks left of her FMLA leave entitlement. She has a FMLA-qualifying event. She’s entitled to her two remaining weeks of FMLA leave during her current 12-month period and then her new 12-month period begins on March 20, 2018. So, she could essentially take 14 weeks of FMLA leave.


This entry was posted on Thursday, March 16th, 2017 at 2:48 pm and is filed under
Labor Laws.
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