Section 20 Calculation of Leave Entitlement

• Library: Employment Discrimination 2008

The regulations provide alternate methods of calculating the 12- or 26-week entitlement. Whichever method the employer chooses must be applied consistently and uniformly to all employees. 29 C.F.R. § 825.200(b). The methods of designating the 12-month period are as follows:

• A calendar year

• Any fixed 12-month leave year such as a fiscal year, a year required by state law, or a year starting on the employee’s anniversary date

• A 12-month period measured from the date the employee’s first FMLA leave...