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Rolling 12-Month Period for FMLA Eligibility

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  • 05-07-2015, 11:16 AM
    n.o.shesha
    Rolling 12-Month Period for FMLA Eligibility
    My question involves labor and employment law for the state of: Louisiana.

    I am trying to take FMLA time for a surgery but my company uses the "rolling 12-month period" so I am very confused as to when I will be covered

    Here are some details. If more info is need I can try to provide it.
    *My company uses the "rolling 12-month period"
    *I have been with the company for 10 years
    *9/2/11 I took 12 weeks for the birth of my daughter
    *7/6/14 I took 9 weeks & 2 days for medical reasons. I returned to work 9/2/15 & have taken no other time since then.


    I have a hysterectomy scheduled for June 29, 2015 & will be out for 6 weeks. We have a new HR person who has said she doesn't know for sure so I do not want to get in trouble for taking the time off for the surgery but I also really need to get the surgery done asap. All she can say for certain is that I will have a full 12 weeks beginning 9/10/15 & I can't wait that long. Can someone please tell me if I will be protected under FMLA if 6/29/15 I take off for 6 weeks for the surgery?
  • 05-07-2015, 11:36 AM
    cbg
    Re: Fmla
    There are two potential "rolling 12 month periods": rolling forward and rolling backward. Which does your company use?
  • 05-07-2015, 11:43 AM
    n.o.shesha
    Re: Fmla
    A "rolling" 12-month period measured backward from the date an employee uses any FMLA leave - per HR
  • 05-07-2015, 12:23 PM
    cbg
    Re: Fmla
    http://www.dol.gov/whd/regs/compliance/whdfs28h.pdf
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