I have worked for a employer for 9 years and it has well over 900 employees. I had a baby last year( with leave starting March 15, 2006. and am getting ready to have another baby this year. Hr is telling me that because they go by rolling calendar year that I will run out of fmla while I am on maternity leave because i have had some complications with this pregnancy, but according to the US Dept of labor website, I should be eligible again on March 15th 2007. I need some help on how the rolling calendar year works.:D

Well, answer this:

When (use approximates) did you use your FMLA time?
You simply pull out a calender marked with the dates that you used. You go back one full year based on the new date that you miss. So, if you need to be off the 5th of May, 2007, you would count back to the 5th of May, 2006, and count the number of hours that you've missed. If the number of hours exceeds 12 weeks, then your FMLA has already been used up.

Does that make sense?

Here is an example from the Dept of Labor's website:

For example, if an employee has taken
eight weeks of leave during the past 12 months, an additional four weeks
of leave could be taken. If an employee used four weeks beginning
February 1, 1994, four weeks beginning June 1, 1994, and four weeks
beginning December 1, 1994, the employee would not be entitled to any
additional leave until February 1, 1995. However, beginning on February
1, 1995, the employee would be entitled to four weeks of leave, on June
1 the employee would be entitled to an additional four weeks, etc.

That is the way that HR explained it to me, But according to the example from the dept of labor. Since I went out on Maternity leave on March 15 2006 and was out for 9 weeks, then I should be eligible for 9 weeks beginning on March 15 2007 and I should not have to wait until i accrue it. Am I making any sense?

That is the way that HR explained it to me, But according to the example from the dept of labor. Since I went out on Maternity leave on March 15 2006 and was out for 9 weeks, then I should be eligible for 9 weeks beginning on March 15 2007 and I should not have to wait until i accrue it. Am I making any sense?

Yes, and no. FLMA is for 12 weeks. If you used 9 and then you used more later, you will have to include those additional weeks when you are doing your adding.

You are both correct; however, there are 2 different rolling methods. There is what I call rolling forward and rolling backward.

I'll define for you:
Rolling forward would mean that your 12 week entitlement begins when you first take leave. If your leave was taken on March 15 of last year, then that is the date that is counted from. Post #2 by mbourkes describes this method.

Rolling backward would mean that all time from TODAY'S DATE back until one year ago would be counted. Anything less than 12 weeks would be how much leave entitlement remains. Post #3 by mbourkes describes this method.

To know if you will have any entitlement, when are you due with the next child, AND how much time off did you take (and when) with the previous child?

Whoa! I didn't mean to give confusing information. Sorry about that.

I got pregnant with my first child and was approved for my FMLA in October of 2005. I did not use any Fmla time until 23 hours on Jan 18-20 2006. 30 and 1/2 hours in Feb of 2006. (different days), Then 26 hours the first part of March of 2006. They then took me out of work on March 15th 2006 and and I did not return to work until May 15th 2006. That span of time was 344 hours. That would be a total of 423.5 hours, Which left me 56.5 hours. I got pregnant again in August of 2005. I started having complications in December of 2006 and was in the hospital December 28th-30th 2006. I used a total of 24 hours then. I was back in the hospital in January 8-12 2007 for another 40 hours. I was back in the hospital Feb 19th-23rd for another 40 hours. I then used 8 hours for a sugar test on march 13th. Please help me! The company that I work for states that they go by a rolling calendar year and does not state that it goes forward or backwards. Any help on this would be greatly appreciated.

I got pregnant with my first child and was approved for my FMLA in October of 2005. I did not use any Fmla time until 23 hours on Jan 18-20 2006. 30 and 1/2 hours in Feb of 2006. (different days), Then 26 hours the first part of March of 2006. They then took me out of work on March 15th 2006 and and I did not return to work until May 15th 2006. That span of time was 344 hours. That would be a total of 423.5 hours, Which left me 56.5 hours. I got pregnant again in August of 2005.Here you mean 2006, not 2005. I started having complications in December of 2006 and was in the hospital December 28th-30th 2006. I used a total of 24 hours then. I was back in the hospital in January 8-12 2007 for another 40 hours. I was back in the hospital Feb 19th-23rd for another 40 hours. I then used 8 hours for a sugar test on march 13th. Please help me! The company that I work for states that they go by a rolling calendar year and does not state that it goes forward or backwards. Any help on this would be greatly appreciated.
23.0 hours Jan 06
30.5 hours Feb 06
26.0 hours Mar 06
344 hours Mar 06-May 06
24 hours Dec 06
40 hours Jan 07
40 hours Feb 07
80 hours Mar 07

They must be going backwards. For 12 weeks, at 40 hours/week, you are eligible for 480 hours. You have used (since 04/01/06-counting backwards, assuming that you work M-F)

Mar 07 80 hours
Feb 07 40 hours
Jan 07 40 hours
Dec 06 24 hours
May 06 80 hours
Apr 06 160 hours
TOTAL 424 hours in the last year. Each day that you work in April of 07 adds 8 hours back into the "pot".

But the question that I have is this. According to the Dept of Labor Example that is given in post #3. Should I not be eligible for another 9 weeks starting March 15th, 2007?

But the question that I have is this. According to the Dept of Labor Example that is given in post #3. Should I not be eligible for another 9 weeks starting March 15th, 2007?

No. In that example, that person has only used 8 of their 12 weeks. Therefore, they still have 4 left.

In your case, you've used 424 hours of the 480 that you get. You still have 56 left. So, every day that you work, you will gain back 8 hours, simply because the calendar keeps "sliding" 1 day.


Being able to use another 9 weeks meant that you only used 3 weeks over the rest of the year. You've used more than 3 weeks.

I guess that I still do not understand. The example that was given, The person used all 12 weeks at different times, But the example said that the person got the four weeks back starting on Feb1, not that they got 8 hours at a time. This is so confusing to me!

No problem. Look back at that post. I did yours hourly, because that is how you gave the information. Everyone has 12 weeks available. In that example, they used 8 of the 12. The "start" date for the 12 months is the first date that FMLA was used. So, February 1, 1994 is the start date. By Feb 1, 1995, s/he had only used 8 weeks. A person is entitled to 12. So, if, sometime before Feb 1, 1995 s/he needed more time, s/he has 4 more weeks available.

Does that make sense?

Quite simply, the DOL example assumed that no other time was taken from the FMLA pool the rest of the year.

Therefore, there was still time in the pot.

Right now, you have 56 hours left in the pot.

Quite simply, the DOL example assumed that no other time was taken from the FMLA pool the rest of the year.

Therefore, there was still time in the pot.

Right now, you have 56 hours left in the pot.

Plus 16, if she worked yesterday and today.

I am now starting to understand that I accrue it as I work. Providing that I can keep this baby in my belly for a few more weeks, hopefully I will be okay. But I have one more question, Since my maternity leaves are going to overlap, Will my FMLA hours stop accruing? If that is the case, Then I am not getting my full 480 hours in a rolling year and How is that fair?

I am now starting to understand that I accrue it as I work. Providing that I can keep this baby in my belly for a few more weeks, hopefully I will be okay. But I have one more question, Since my maternity leaves are going to overlap, Will my FMLA hours stop accruing? If that is the case, Then I am not getting my full 480 hours in a rolling year and How is that fair?

What do you mean when you ask about maternity leaves overlapping?

You will receive the full 480 hours. You just must count back 1 year from the date, and add up the hours that you've used in that one year. Maybe this will make it easier for you: Get a 2006 and a 2007 calendar. On each date that you used FMLA write the # of hours that you used. That's it. Nothing else. Just a number. Then count back from today (whatever date we're on at the time you are looking it up). Add up your hours. It should be equal to or less than 480.

In any case, you are not entitled to 12 weeks of FMLA per condition or per maternity leave; you are entitled to 12 weeks of FMLA per 12 month period (as your employer defines it).

Does my FMLA time stop accruing if I am out on FMLA again. That is what I mean by my maternity leave overlapping?

Does my FMLA time stop accruing if I am out on FMLA again. That is what I mean by my maternity leave overlapping?

Yes. and No. There is no real accrual time, since there is nothing to accrue. I think you may be trying to compare it to vacation or sick time. Every day that you work, they go up. Then when you use them, it gets subtracted. This is different. With the rolling BACK method, you cannot have used more than 480 hours. That number doesn't get any higher. The amount of time that you have used, will change everyday.

Use the calender suggestion that I gave above. I repeat it again. Start from today, the 12th. Look back to April 12, 2006. How many hours have you used? If it is more than 480, they are not required to hold your job. If it is less than 480, they are.

I have not used more than 480, I still have 190, but the doctor is gonna take me out of work and I started my last maternity leave on March 15th, 2006 and I returned to work on May 15th.. If I go out now, Will I run out of maternity leave, If I am out more than 190 hours or will I get the hours back from last year from today until may 15th.

I have not used more than 480, I still have 190, but the doctor is gonna take me out of work and I started my last maternity leave on March 15th, 2006 and I returned to work on May 15th.. If I go out now, Will I run out of maternity leave, If I am out more than 190 hours or will I get the hours back from last year from today until may 15th.

Every day that goes by will "add" 8 hours. What date will you stop working, for example?

Lets say for example, That they take me out of work on April 20th, But I do not have the baby until April 27th. Then I will be out an additional 6 weeks. Even though I will be out on FMLA, Does that mean that the time that I was out in the last part of April and The first 2 weeks in may of last year doesnt get counted back in.

Lets say for example, That they take me out of work on April 20th, But I do not have the baby until April 27th. Then I will be out an additional 6 weeks. Even though I will be out on FMLA, Does that mean that the time that I was out in the last part of April and The first 2 weeks in may of last year doesnt get counted back in.

As of April 27th, you have 280 hours. It doesn't matter when you have the baby, except that you will return 6 weeks later on June 4.
16 hrs April 06
80 hrs May 06
24 hours Dec 06
40 hours Jan 07
40 hours Feb 07
80 hours Mar 07

As of June 4th, you will have used in the last 12 months (if your last day at work is April 20th):
24 hours Dec 06
40 hours Jan 07
40 hours Feb 07
80 hours Mar 07
48 hrs Apr 07
184 May 07
8 hrs Jun 07 = 424

You should be fine, if I calculated correctly on my math. Again, you can do the same thing that I do, by pulling out a calendar.