The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of job-protected leave in a defined 12-month period for qualifying family and medical reasons. In a 2024 fact sheet, the U.S. Department of Labor clarified that employers may choose one of four options to establish the 12-month period for taking FMLA leave for most leave reasons. The authors of these updates are aware of recent DOL enforcement activity to ensure FMLA policies clearly define the 12-month leave period.
Employers may base the time period off of 1) a calendar year (January–December), 2) a fixed 12-month period such as a fiscal or anniversary year, 3) a 12-month period measured forward from the employee’s first use of FMLA leave, or 4) a “rolling” 12-month period measured backward from each leave date. Regardless of the method used, eligible employees may take up to 12 workweeks of leave within that defined period, and the specific calculation affects how much leave remains available at any given time. Additionally, with respect to military caregiver leave, employers must apply a rolling calendar measured forward from the employee’s first use of military caregiver leave.
Furthermore, employers must apply the same method consistently to all employees (with limited state-law exceptions and the military caregiver exception), provide at least 60 days’ notice before changing methods and ensure employees receive the full benefit of their leave entitlement during any transition. If an employer fails to designate a method, the one most beneficial to the employee must be used.
Employers should review their FMLA policies and ensure that they have plainly defined their chosen method to calculate the 12-month leave period.
