Employers: Make Sure You Define 12-Month FMLA Leave Policy

Workers can use up to 12 weeks of FMLA leave in a 12-month period. However, you can define the leave in several different ways.

FMLA allows the employer to use any of the following techniques to measure the 12-month period:

Calendar year: 12-month period that runs from January 1 through December 31

Fixed 12 months:

1. A fiscal year
2. A year starting on an employee’s anniversary date
3. A 12-month period required by state law
4. A 12-month period measured forward
5. A ‘rolling’ 12-month period measured backward from the first date an employee takes FMLA leave

The rolling backward procedure can be confusing. Here is an example of rolling backward measurement:

Kim requests four weeks of FMLA leave to commence on March 31, 2019. The employer looks back 12 months (from March 31, 2019 back to April 1, 2018) to see if Kim has used any FMLA leave. You determine that Kim had not used any FMLA leave during that period, so she is entitled to the four weeks requested and has eight additional weeks available.

When your company’s 12 month FMLA measurement, remember to;

• Notify employees of FMLA rights and company policies
• Apply it equally to all workers

WorkforceHUB Simplifies FMLA

With WorkforceHUB, you can easily notify staff members of FMLA rights and company policies regarding the 12 month measurement. WorkforceHUB is an HR portal that staff members can access on their phone, tablet, or work computer. WorkforceHUB also makes it easy to create employee handbooks and update them as required.

TimeWorksPlus Ensures Accurate Timekeeping

The simplest way to administer FMLA does not protect you from scenarios where a staff member takes 24 consecutive weeks of FMLA leave. TimeWorksPlus helps you administer any of the measurement methods. It’s especially useful for the rolling backward or forward measuring method.

TimeWorksPlus is the leading automated employee timekeeping for small to mid-size businesses. WorkforceHUB includes TimeWorksPlus.

 

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