Family and Medical Leave Act (FMLA) is a federal law that provides employees with job-protected and unpaid leave for certain family and medical reasons. It is important for employees to understand the FMLA regulations and how they work. One common question that arises is whether FMLA runs on a calendar year, specifically in 2024. Let’s explore the answer to this question.

What is FMLA?

FMLA is a labor law in the United States that provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. The reasons include the birth or adoption of a child, caring for an immediate family member with a serious health condition, and the employee’s own serious health condition.

Does FMLA Run on a Calendar Year?

No, FMLA does not run on a calendar year. The 12-week entitlement is a rolling 12-month period. This means that an eligible employee is entitled to up to 12 weeks of FMLA leave during any 12-month period. The 12-month period is measured backward from the date the employee uses any FMLA leave.

Example:

If an employee takes 4 weeks of FMLA leave starting on January 1, 2024, the 12-month period for measuring the FMLA entitlement would be from January 1, 2024, to December 31, 2024. The employee would then be entitled to an additional 8 weeks of FMLA leave during the remainder of the 12-month period.

What Happens When an Employee Exhausts Their FMLA Leave?

If an employee exhausts their 12-week FMLA entitlement, they may be eligible for other types of leave, such as paid time off, disability leave, or leave as a reasonable accommodation under the Americans with Disabilities Act (ADA).

What If an Employer Violates FMLA Regulations?

If an employer violates FMLA regulations, an eligible employee can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. The employee may be entitled to reinstatement, back pay, and other damages.

Conclusion

In summary, FMLA does not run on a calendar year. The 12-week entitlement is a rolling 12-month period measured backward from the date the employee uses any FMLA leave. It is important for employees to understand their FMLA entitlement and for employers to comply with FMLA regulations.

Q: Does FMLA cover all employees?

A: No, FMLA only covers eligible employees who have worked for their employer for at least 12 months, have worked at least 1,250 hours during the 12 months before the start of FMLA leave, and work at a location where the employer has at least 50 employees within 75 miles.