Legal Question in Medical Leave in Pennsylvania

Re: family medical leave

You asked about FMLA leave.

As you know, FMLA leave is 12 weeks in any 12 months. The employer is free to determine how to measure the 12 months period. As long as the policy is managed consistently there actually is no guidance on when the new year starts.

The employer's policy should be written in a policy manual. If not then the employee needs to determine what the employer's policy is. Some employer's choose to measure 12 months from the first use of FMLA. Others choose to measure 12 months by the calendar year and yet others use and otherwise arbitrary year (such as the health plan year or even their fiscal year).

Hope that helps.

Regards,

Roger