FMLA 201: Counting the Days

Employment / Personal Injury / Business

How many FMLA leave days do I have?  Let me count the ways.  (My apologies to Emily Dickinson)

If on the calendar method, then twelve weeks it be within the year

of unpaid leave, just so we’re clear.

If by the rolling method, I look back one year from the day I’m in

and count all my FMLA leave days that have already been.

If I still have some of the 12 weeks left on the day I’m complaining,

then my employer must give me the time remaining.

If by the “anniversary method” it is decided,

then by my date of employment the 12 weeks is divided.

The rolling method is the employer’s most common plan of attack

It prevents employees from having two 12-week periods back-to-back.

Who gets to choose?  Well, the employer, at first, in a handbook or policy

provided in advance to all the employees.

If nothing is written, then the employee is free

to chose the method which suits him most favorably.

So when counting FMLA leave days, whether employer or employee,

you’ll want to keep track and of lawsuits be free.

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