Another note to cbg

[marleedav]

Hi Cbg,

I'm back again with another question. Remember I told you my husband's 12 weeks ended on Dec. 31st? Well, I just got a note from a friend saying, "The law states you are entitled to 12 weeks FML per YEAR! So, as of Jan. 1st (the beginning of a new year), it seems to me your husband was entitled to another 12 weeks." What are your thoughts on this, Cbg?

Thanks,
Marlee

PS I hope you remember who I am and all that we discussed last week. Otherwise, you may not know what I'm referring to!

 

[cbg]

Yes, I remember you. The answer to your question is, maybe.

Your friend misquoted the law slightly. An employee is entitled to 12 weeks of FMLA per 12 month period - that's not necessarily the same thing as a year. There are several different ways that an employer can calculate the 12 month period, and the calendar year is only one of them.

What the employer cannot do, however, is pick and choose which method they are going to use on a case by case basis. They have to pick one and stick to it. What your husband could do is ask his former employer what method was being used to determine the 12 month period. But be warned, very few employers use the calendar year method - precisely so they won't have to allow an employee to take 24 weeks off at a time, which is going to be hard on any employer.

 

[marleedav]

Thanks again! I'm going to call Human Resources on Monday and will let you know what they said. We've never received the Summary Plan book and I will also ask for that. I would imagine that would explain their method of measuring " a 12 month period". This was just another loophole I was hoping for in our favor. But, I doubt very seriously if it will hold any ground. I got the papers from the Equal Employment people and will work on them next week. They look pretty complicated!! But, it's worth a shot.

Marlee