How Employers Calculate the FMLA 12-Month Period

Introduction

You get 12 weeks of FMLA leave per year—but when does that year start and end? The answer affects how much leave you have available at any given time.

The Four Calculation Methods

Employers can choose from four methods to calculate the 12-month FMLA period:

### 1. Calendar Year January 1 to December 31.

**How it works:** Your 12 weeks reset every January 1.

**Best for employees:** Allows stacking leave across year boundaries.

### 2. Fixed 12-Month Period Any consistent 12-month period (fiscal year, anniversary date, etc.).

**Example:** April 1 to March 31.

**How it works:** Same as calendar year, just different dates.

### 3. 12 Months From First Leave Starts when you first take FMLA leave.

**Example:** First leave June 15 → 12-month period is June 15 to June 14.

**Consideration:** Resets each time you take new leave.

### 4. Rolling 12-Month Period (Looking Back) Look back 12 months from each day of leave.

**How it works:** On any given day, count how much FMLA you've used in the prior 12 months. Subtract from 12 weeks.

**Most restrictive for employees:** No stacking possible.

How Each Method Affects You

**Stacking Example:**

Using calendar year method: - November 2024: Take 12 weeks - January 2025: Get 12 new weeks - Result: 24 weeks in a short span

Using rolling method: - November 2024: Take 12 weeks - January 2025: Still 0 weeks available (used 12 in last 12 months) - November 2025: Weeks start becoming available again

Which Method Does Your Employer Use?

Employers must: - Choose one method - Apply it consistently to all employees - Notify employees of the method used

**Check your employee handbook** or ask HR.

Can Employers Change Methods?

Yes, but: - Must give 60 days notice - During transition, employees get the more generous calculation - Cannot change to disadvantage someone already on leave

Strategic Considerations

### If Planning Leave - Ask HR which method applies - Calculate your available balance - Time your leave strategically if possible

### If Denied for "No Leave Available" - Request their calculation in writing - Verify the method used is applied consistently - Check their math

Conclusion

The calculation method significantly impacts your leave availability. Know which method your employer uses and plan accordingly.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*