A rolling 12-month period measured backward from the date an employee uses any FMLA leave.Įmployers need to make sure that the method they use is clearly identified in a written policy, said Craig O'Loughlin, an attorney with Snell & Wilmer in Phoenix and Orange County, Calif.
The 12-month period measured forward from the date an employee's FMLA leave begins.Any fixed 12-month period (such as a fiscal year or the period starting on an employee's anniversary date).Under federal law, employers may select one of four ways to establish the 12-month period-so long as it is uniformly applied to all employees taking FMLA leave:
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