FMLA Leave Administration Tuneup: Employer Choices Worth Reviewing
By Abigail O’Connell, JD, Senior Counsel, Sun Life U.S.
It is a good practice to evaluate your federal Family and Medical Leave Act (FMLA) administrative choices periodically to make sure they meet your organization’s needs and goals. Decisions in FMLA administration can determine whether a comparable state leave law will run concurrently with FMLA leave or separately, which would extend the amount of time an employee can be out of work. This article reviews key FMLA administration choices that employers should evaluate in light of changes made to state laws and workplace norms during the last two years.
Leave Year Method
The FMLA permits one of four methods to define the 12-month period (leave year):
- The calendar year
- Any fixed 12-month leave year
- The 12-month period measured forward from the date FMLA leave begins
- A “rolling” 12-month period measured backward from the date an employee uses any leave
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