How is the 12-month period calculated under FMLA?
Employers may select one of four options for determining the 12-month period: the calendar year any fixed 12-month “leave year” such as a fiscal year, a year required by state law, or a year starting on the employee’s “anniversary” date the 12-month period measured forward from the date any employee’s first FMLA leave begins or a “rolling” 12-month period measured backward from the date an employee uses FMLA leave.
• The calendar year; • Any fixed 12-month “leave year” such as a fiscal year, a year required by state law, or a year starting on the employee’s “anniversary” date; • The 12-month period measured forward from the date any employee’s first FMLA leave begins; or • A “rolling” 12-month period measured backward from the date an employee uses FMLA leave.
