The Family and Medical Leave Act of 1993 (FMLA) is a crucial piece of legislation that provides essential worker protections, allows eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave per year for certain family and medical reasons (or 26 workweeks for military caregiver leave). But it can often be challenging for employers and employees alike to determine how it should be used properly.
When does an employee’s FMLA leave year begin? To help employers ensure proper compliance with these mandates, this article clarifies the different options available for defining the FMLA leave year and the implications of each choice.
Except for military caregiver leave, employers may choose one of four options for determining the FMLA leave year. The same 12-month period must apply to all employees unless an employer has eligible employees in more than one state and a state law requires a particular method for determining the leave year. In this case, employers may comply with the state law for all employees in that state and use a different 12-month period for employees in other states.
Here are the four options employers may use as their FMLA leave year:
