Employment Law Update: FMLA

By Rudman Winchell Attorney

Employers covered by the federal FMLA may want to start the new year by evaluating the way in which you define the covered 12-month period.

As you know, there are several ways to define that time period, the most beneficial of which is often to use a “rolling” 12-month period measured backward from the date the employee first uses FMLA leave time.

In the event you decide to change your policy about how the period is measured, though, keep in mind that the regulations require that you 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.”

Finally, “under no circumstances may a new method be implemented in order to avoid the Act’s leave requirements.”

If you have any questions about this information, please feel free to contact me. astorey@rudmanwinchell.com



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