View Full Version : FMLA Expired North Carolina
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nwooten 08-31-2006, 02:15 PM I have an employee who's FMLA expired on 04/26/06 and he continued to use FMLA as he was not informed, but was given paperwork showing when it would expire. How do we handle or re-certify. He used a total of 332 hours of FMLA. The time frame for the FMLA was 04/27/05 to 04/26/06. I would prefer to not start him off with 480 hours of FMLA. Please help! North Carolina robb71 08-31-2006, 02:38 PM I have an employee who's FMLA expired on 04/26/06 and he continued to use FMLA as he was not informed, but was given paperwork showing when it would expire. How do we handle or re-certify. He used a total of 332 hours of FMLA. The time frame for the FMLA was 04/27/05 to 04/26/06. I would prefer to not start him off with 480 hours of FMLA. Please help! North Carolina What method does your company use for determining the fixed 12-month period? the calendar year; any fixed 12-month "leave year" (i.e. fiscal year) the 12-month period mearsured forward from the date any employee's first FMLA leave befings; OR a "rolling" 12-month period measured backward from the date an employee uses FMLA leave The answer to this question will help determine how many hours are available for FMLA. nwooten 08-31-2006, 03:23 PM Robb, Hi and thank you for taking the time to respond. We use a rolling 12 month period backwards. Thanks NC robb71 08-31-2006, 03:35 PM In the case of a "rolling" 12-month period, you take the date of the new FMLA and count backwards 12-months. Any time used in that 12-month period would be deducted from 12 weeks and this would be the amount available to the employee. Since the last FMLA expired on 4/26/06, I think it is fair to say that the 332 hours you mention would have occured in the 12-month lookback period. If this is true, then the available FMLA your employee has is 148 hours (480 hours (12 weeks) - 332 hours = 148 hours) for the new certification. |
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