When you decide to change the method of measuring the 12-month period for FMLA entitlement, do you provide notice to your employees?
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There are four methods for determining the 12-month period in which the 12 weeks of leave entitlement occurs. The employer has the option of selecting any one, but once selected, it must be applied uniformly.
Below is a list of the four methods:
- Calendar year
- Fixed 12-month "leave year" such as fiscal year, a year required by state law, or a year starting on an employee's "anniversary" date
- 12-month period measured forward from the date any employee's first FMLA leave begins
- "Rolling" 12-month period measured backward from the date an employee uses any FMLA leave
An employer wishing to change to another alternative is required to give at least 60 days notice to all employees.
See Regulations 29 CFR Part 825.200(d)(1).
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