How to Calculate the FMLA Rolling Year Method

The Family and Medical Leave Act (FMLA) regulations define four different methods that an employer may use when determining the amount of FMLA leave an employee has used within a 12-month period under the act. The most commonly used (and often the most confusing) method that employers use is what 29 C.F.R. §825.200(b)(4) calls the "rolling" method.

The rolling method is also commonly known as the "look-back" method by HR professionals. Using this method, the employer will look back over the last 12 months from the date of the request, add all FMLA time the employee has used during the previous 12 months and subtract that total from the employee's 12-week leave allotment.

Step 1: Determine FMLA Time Needed

The first step is to review the employee's request for leave and determine the duration of the leave.

Step 2: Determine FMLA Time Previously Taken

The employer would next review the employee's attendance record for the 12 months preceding the start of the FMLA request and total the amount of FMLA leave the employee has taken in the last 12 months.

Step 3: Determine FMLA Time Left in 12-Month Period

Next the employer would subtract the total amount of FMLA leave taken in the last 12 months from the 12 weeks the employee is entitled to in any 12-month period. This can be done in full weeks, fractions of weeks, days or even hours, depending on how the leave was used.

Step 4: Determine Total FMLA Time Available for This Request

If the employee has not taken any FMLA leave in the previous 12 months, the employee has the full 12 weeks available to use (see Example 1).

If the employee has taken FMLA leave in the previous 12 months, but the current leave requested will not extend into the one-year anniversary of the start of the previous leave, the result from Step 3 will be the amount of leave the employee has available to use (see Example 2).

If the employee has taken FMLA leave in the previous 12 months and the current leave requested will extend beyond the one-year anniversary of the start of the previous leave, the previous leave will "drop off" of the 12-month look-back period one day at a time, thereby rolling off from the FMLA time already taken onto the FMLA time now available. The result from Step 3, plus any time that will roll off from the previous year, will be the amount of leave the employee has available to use (see Example 3).

The Department of Labor (DOL) provides a useful chart on Fact Sheet 28H that provides a visual illustration of the FMLA rolling or look-back method that may be helpful as well.

Examples

In all scenarios below, the employee normally works eight hours per day, Monday through Friday.

Example 1

Scenario

Jane has worked full time for ABC Company for three years. Jane is pregnant and wishes to take 12 weeks of FMLA leave beginning on June 1.

Actions

HR pulls Jane's attendance record for the last 12 months (May 31-June 1 of the previous year). It shows that Jane has not taken any FMLA leave in the last 12 months.

Because there is no FMLA leave to deduct from Jane's 12-week entitlement, Jane is entitled to the full 12 weeks of FMLA leave for the birth of her baby.

Example 2

Scenario

The HR department has been notified that Bob was in a car accident over the weekend. HR contacts his wife and learns that Bob was seriously injured and will require surgery with three weeks of recovery time.

Actions

1. HR pulls Bob's attendance record for the last 12 months. It shows:
2. 1. Bob's wife had a baby eight months ago, and Bob took two weeks of FMLA leave for that event.
   2. Bob's newborn child experienced a serious health condition three months ago, and Bob used four weeks and three days of FMLA leave for that event.
3. HR adds the two FMLA events that have occurred in the last year. The two events total six weeks and three days (6 3/5 weeks) of FMLA leave used in the last 12 months.
4. HR subtracts the 6 3/5 weeks from Bob's total 12-week FMLA allotment. Bob has 5 2/5 weeks of FMLA left to use while he recovers from his surgery, so the three weeks requested is covered.

Example 3

Scenario

Mary's son has leukemia. Mary has notified the HR department that she will need to take two days off per week to take her son to chemotherapy. The chemotherapy is expected to last a total of five weeks, for a total of 10 days (or two weeks) of FMLA time.

Actions

1. HR pulls Mary's attendance record for the last 12 months. Her record shows:
2. 1. Mary used seven weeks of FMLA leave starting 11 months ago because of her son's illness.
   2. Mary suffered a broken leg herself five months ago and took two weeks of FMLA leave, and then used another 1.5 weeks of FMLA leave intermittently for physical therapy and follow-up doctor's appointments.
3. HR adds the FMLA events that have occurred in the last 12 months. The FMLA time taken in the last 12 months totals 10.5 weeks.
4. HR subtracts the 10.5 weeks from Mary's total 12-week allotment. Mary has 1.5 weeks (or 7.5 days) of FMLA left in this 12-month period.
5. HR determines that the request to use intermittent FMLA leave will extend past the 12-month anniversary of her previous leave, thereby rolling seven weeks of leave taken previously off of the 12-month look-back calendar one day at a time, giving Mary the available 10 days of FMLA time she needs for this leave request.