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Question: Our handbook specifies Family and Medical Leave Act (FMLA) leave as “12 weeks within a 12 month period”; however, it excludes the exact method (annual, rolling, etc.) is this acceptable?

Answer: According to the regulations, not likely. Employers should establish, document, and utilize one method for determining FMLA eligibility and use, and use that defined method consistently.

A best practice is to clarify in your policy which method you use. You should also be sure to be consistent when completing the FMLA eligibility paperwork regarding the method to be utilized.

Sources:

§ 825.200  Amount of leave.