12 month period for FMLA
Regarding FMLA, how is the 12 month period determined? Is it from the date that you first began FMLA, or might it be on a calendar year basis?
1 answer | asked Feb 19, 2009 2:28 PM [EST] | applies to Pennsylvania
Answers (1)
The twelve-month period in which leave can be taken can vary.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, the twelve-month period in which leave can be taken can vary. The employer gets to choose which twelve-month period applies, but has to apply it objectively and uniformly to all employees, and must notify employees of a change in the calculation method. The four methods to use are:
1. A calendar year starting January 1;
2. A twelve-month period starting on a date chosen by the employer;
3. A twelve-month period starting on the date an employee's FMLA leave begins; or
4. A "rolling" twelve-month year measured backwards from the date an employee begins an FMLA leave period.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Feb 20, 2009 10:19 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, the twelve-month period in which leave can be taken can vary. The employer gets to choose which twelve-month period applies, but has to apply it objectively and uniformly to all employees, and must notify employees of a change in the calculation method. The four methods to use are:
1. A calendar year starting January 1;
2. A twelve-month period starting on a date chosen by the employer;
3. A twelve-month period starting on the date an employee's FMLA leave begins; or
4. A "rolling" twelve-month year measured backwards from the date an employee begins an FMLA leave period.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Feb 20, 2009 10:19 AM [EST]
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