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Glossary > Employment Law > Employment Rights > Family And Medical Leave Act (FMLA)
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12-Month Period

A 12-month period, in the context of employment law and the Family and Medical Leave Act (FMLA), refers to a consecutive 12-month period used for calculating an employee's leave entitlements and eligibility for protected leave under the FMLA. It can be measured in different ways, such as a calendar year, a fixed 12-month period, a rolling 12-month period, or the anniversary year of the employee's first FMLA leave request.

Example #1

If an employer uses a rolling 12-month period, an employee who takes FMLA leave on March 1, 2022, would have the amount of leave available based on the previous 12 months - from March 1, 2021, to February 28, 2022.

Misuse

Misuse of the 12-month period in employment law can occur when an employer manipulates the calculation method to limit an employee's access to FMLA leave or unfairly penalize them. For example, an employer might choose a method that results in employees having less leave available when they need it most, which undermines the purpose of the FMLA in providing job-protected leave for eligible employees facing serious health conditions or family responsibilities. It's crucial to ensure that the calculation method used is fair and does not disproportionately disadvantage employees.

Benefits

A clear and consistent 12-month period helps employees understand and plan their use of FMLA leave effectively. By providing a predictable framework for leave entitlement calculations, employees can better anticipate their available leave time and make informed decisions about when to take leave for their own health needs or to care for a family member.

Conclusion

Understanding the 12-month period in employment law, especially under the FMLA, is essential for both employees and employers to ensure fair and consistent application of leave entitlements. By using a transparent and equitable calculation method, employees can benefit from the protection of the FMLA without undue restrictions on their access to job-protected leave.

Related Terms

Family And Medical Leave Act (FMLA)Employee Benefits

Last Modified: 4/30/2024
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