Skip to Main Content

Family and Medical Leave Act Advisor

Selecting a 12-Month Leave Year: Rolling 12-Months

Under this method, each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 12 workweeks which has not been used during the immediately preceding 12 months.

For example, if an employee has taken eight workweeks of leave during the past 12 months, an additional four workweeks of leave could be taken. If the employee used four weeks beginning February 1, 2009, four weeks beginning June 1, 2009, and four weeks beginning December 1, 2009, the employee would not be entitled to any additional leave until February 1, 2010. However, beginning on February 1, 2010, the employee would be entitled to up to four workweeks of leave; on June 1, 2010, the employee would be entitled to an additional four workweeks, etc.

Under the "rolling" 12-month leave year, an employee's available entitlement could change each day. (Imagine a conveyor belt holding one year; as each new day begins, another day falls off.)

Go back to Selecting a 12-Month Leave Year.

For more information on this aspect of the FMLA, see the FMLA regulations: ยง 825.200(c)