First let me admit I do not do any FMLA administration. My company is too small and most of my clients are as well. But I do get questions about it occasionally and as a knowledgeable HR professional I should know the answers. Well I got posed a question about the rolling year calculation and I was not sure of the answer, thought I knew but I was “iffy”. So I posed the same question to a large group of contacts and got back an array of answers. So this indicates that ALOT of people don’t know. I even used a help service and the answer they gave was not conclusive either. However, they gave me a link to an article that does give a definitive answer. You will find the link below.
First, here is the scenario. A company uses a “rolling year” calculation, as is recommended. An employee goes out on FMLA on Dec. 1, 2007 and is off the next 12 weeks, returning then around March 1st or so. The question is, when would this individual be then eligible for leave again? December 1, 2008 or March 1, 2009? The company’s policy reads March 1. My answer was December 1. The answers from the group were divided.
Well, I am happy to say, my answer was correct, at least according to this article by the attorneys of Harper Gerlach PL. Here is the link to the article, which appeared in the Florida Employment Law Letter.
SHRM has alot of material available to members on the proposed FMLA regulations and on the front page of my company website, Omega HR Solutions , there is a link for the US DOL comment site. If you wish to comment on the proposed changes I would suggest you read this material.
FMLA obviously is, after 10 years, still a confusing and complicated law. With the changes that have occured with the addition of military provisions it has become even more complicated. So educate yourself!