FMLA Leave Calculation Method

One of the following methods must be used for calculating FMLA leave:

1. The calendar year (January 1-December 31);
2. Any fixed 12-month "leave year," such as a fiscal year, a year required by State law, or a year starting on an employee's "anniversary" date;
3. The 12-month period measured forward from the date any employee's first FMLA leave begins;
4. A "rolling" 12-month period measured backward from the date an employee uses any FMLA leave.

See Section 825.200

An employer wishing to change calculation method is required to give at least 60 days notice to all employees, and the transition must take place in such a way that the employees retain the full benefit of 12 weeks of leave under whichever method affords the greatest benefit to the employee.

Section 825.200(d)(1).

If you wish to update your calculation method, please contact support@efmla.com