Miscellaneous

Is FMLA a rolling year or calendar year?

Is FMLA a rolling year or calendar year?

FMLA regulations state that an employee is entitled to 12 weeks of leave in a 12-month period. Employers often assume that the 12-month period is a calendar year. A “rolling” 12-month period measured backward from the date an employee uses any FMLA leave.

When did the new FMLA regulations come into effect?

The effective date of the revised FMLA regulations is January 16, 2009. A separate FAQ relating to the FMLA military family leave entitlements can be found at www.dol.gov/agencies/whd/fmla/index.

When does Henry go back to work after FMLA?

Henry plans to take 12 weeks of FMLA leave beginning in August for the birth of his second child. Earlier in the leave year, however, Henry took two weeks of annual leave to care for his mother following her hospitalization for a serious health condition.

When to notify an employer of FMLA leave?

A. Under the regulations, an employer must notify an employee whether leave will be designated as FMLA leave within five business days of learning that the leave is being taken for a FMLA-qualifying reason, absent extenuating circumstances.

Can a retroactive FMLA designation be used against an employer?

Under the regulations, retroactive designation is permitted if an employer fails to timely designate leave as FMLA leave (and notify the employee of the designation). The employer may be liable, however, if the employee can show that he or she has suffered harm or injury as a result of the failure to timely designate the leave as FMLA.

Following are answers to commonly asked questions about the new Family and Medical Leave Act (FMLA) regulations. The effective date of the revised FMLA regulations is January 16, 2009. The California Family Rights Act (CFRA) is a State law that also provides for unpaid leaves of absence for family reasons or for the employee’s own illness.

When does an employer know of an FMLA request?

An employer may learn of a request for FMLA leave when the employee submits a request or when the employer acquires knowledge that an employee needs leave that may be for an FMLA-qualifying reason.

Are there specific rights and responsibilities under the FMLA?

their specific rights and responsibilities under the FMLA? A. Yes. At the same time an employer provides an employee notice of the employee’s eligibility to take FMLA leave, the employer must also notify the employee of the specific expectations and obligations associated with the leave.

How does the family and Medical Leave Act work?

The Family and Medical Leave Act (FMLA) provides that an employer may require an employee seeking FMLA protections because of a need for leave due to a serious health condition to submit a medical certification issued by the employee’s