Family Medical Leave Act

questions & answers

Question: When does FMLA start over? When can you use it again? Does it vary between employers? I used 12 weeks ending April 17th 2015. When would I be eligible again? My employer said at some point you could get partial of the 12 months and that it's a rolling 12 months. Please explain. I'm so confused.

Answer: According to the US Dept. of Labor,  you may use 12 workweeks in a 12 month period.

  • Twelve workweeks of leave in a 12-month period for:
    • the birth of a child and to care for the newborn child within one year of birth;
    • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    • to care for the employee’s spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

For more information go to:  http://www.dol.gov/whd/fmla/

QUESTIONS

  • When does FMLA start over? When can you use it again? Does it vary between employers? I used 12 weeks ending April 17th 2015. When would I be eligible again? My employer said at some point you could get partial of the 12 months and that it's a rolling 12 months. Please explain. I'm so confused.

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