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The Essential Guide to Family & Medical Leave

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers. This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers.

This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

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102 | the essential guide <strong>to</strong> family and medical leave<br />

<strong>The</strong> “Rolling” <strong>Leave</strong> Year<br />

A “rolling” year is just what it sounds like—an employee’s leave eligibility<br />

rolls out throughout the year, as leave is taken. If your company calculates<br />

the leave year using this method, an eligible employee is entitled <strong>to</strong> up <strong>to</strong> 12<br />

weeks of FMLA leave in the year measured backward from the first day that<br />

FMLA leave is taken. Each time the employee takes leave, any part of the 12-<br />

week entitlement that was not used in the immediately preceding 12 months<br />

is available for future leave.<br />

This is less complicated as it sounds. Below is a s<strong>amp</strong>le worksheet <strong>to</strong> keep<br />

track of hours used under the “rolling” year method; there is a blank copy in<br />

Appendix C and on the CD-ROM at the back of this book<br />

S<strong>amp</strong>le<br />

Chart for Calculating <strong>Leave</strong> Under “Rolling” <strong>Leave</strong> Year Method<br />

Date <strong>Leave</strong><br />

Commenced<br />

FMLA <strong>Leave</strong> Tracking for Jane Edwards<br />

Amount of<br />

<strong>Leave</strong> Taken<br />

Date Eligible for<br />

Additional <strong>Leave</strong><br />

2/12/05 4 wks. Currently eligible 8 wks.<br />

4/22/05 4 wks. Currently eligible 4 wks.<br />

9/07/05 4 wks. 2/12/06 4 wks.<br />

3/20/06 4 wks. 4/22/06 4 wks.<br />

7/17/06 2 wks. 9/07/06 6 wks.<br />

Amount of<br />

<strong>Leave</strong> Available<br />

<strong>The</strong> main advantage of this method is that it does not allow employees <strong>to</strong><br />

take FMLA leave <strong>to</strong>taling more than 12 weeks in any 12-month period.<br />

EXAMPLE: Mario takes one week of FMLA leave beginning February 12, 2007; four<br />

weeks of FMLA leave beginning March 2, 2007; three weeks of FMLA leave beginning<br />

May 7, 2007; and four weeks of FMLA leave beginning July 10, 2007. Under the “rolling”<br />

12-month period, Mario’s next leave year will begin February 12, 2008. At that<br />

time, Mario will be entitled <strong>to</strong> one week of leave; four more weeks beginning March<br />

2, 2008; three more weeks beginning May 7, 2008; and four more weeks beginning<br />

July 10, 2008.

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