How is the twelve (12)-month period calculated under FMLA?
The twelve (12) month period is calculated backwards from the date an employee uses any Family and Medical leave. Under the “rolling” twelve (12) month period calculation, each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the twelve (12) weeks which has not been used during the immediately preceding twelve (12) months. For example, if an employee has taken eight (8) weeks of leave during the twelve (12) months preceding the date a new leave is to commence, an additional four (4) weeks of leave could be taken. If an employee used four (4) weeks beginning February 1, 1994, four (4) weeks beginning June 1, 1994, and four (4) weeks beginning December 1, 1994, the employee would not be entitled to any additional leave until February 1, 1995. However, beginning on February 1, 1995, the employee would be entitled to four (4) weeks of leave, on June 1 the employee would be entitled to an additional four (4) weeks, etc.
