My employer is changing the method counting it. They are requiring you to earn back a week every month in arrears. So, if I needed to be out for 12 weeks for surgery, I would have to wait one whole year to earn it back and be out the beginning of the next year.
Example 12 week FLMA ending 12 31,2014. To earn back, 12 weeks, you would not be able to use any FLMA 2015 up to some point in 2016. Is this acceptable, and how is this a entitlement yearly by the federal law. They call it counting backwards one year and forwards from the first day you took FLMA. I do understand that this method is acceptable but it does seem like you skip a year of entitlement this way if you need to be out for a long period.
Please, help me to understand this? I have called the Dept of Labor 4 days with no answer.
The FMLA requires a covered employer to allow a covered employee upto 12 weeks of leave per 12 month period. If the employer does not what the 12 month period is, then it is automatically a calendar year with FMLA starting over January 1st each year. That would mean that someone who is on FMLA as the end of the year could get more than 12 consecutive weeks of FMLA leave. (Example, on FMLA in November and December, then FMLA starts over in January so the employee is entitled to a new 12 weeks on top of what was taken.)
The employer can use other 12 months periods. One would be to use an anniversary date or a fiscal year. The employer can also use a period in which the 12 months starts when you first take your FMLA. The period can also be backwards looking rolling (i.e. you need FMLA and we look back 12 months to see how much you have used and how much you have left) from the date that you need the FMLA. I am not clear, but I think your employer is utilizing the backward looking rolling calendar which would be legal.
However, it is easy for an employer to run afoul of the FMLA so if there is any question, the I recommend that you speak to an experienced employment attorney so you can have help sorting these issues out.
Kirk J. Angel is an experienced attorney who focuses his practice on employment law. Mr. Angel, who has practiced employment law for more than 16 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline