How is a 12-month period defined for FMLA eligibility purposes?

Under the Family and Medical Leave Act (FMLA) in California, a 12-month period is defined as the 12-month period preceding the date an employee first uses family or medical leave. This means that the period of time when an employee is eligible for FMLA leave is the 12-month period beginning with the day the employee first uses the leave. In order to be eligible for FMLA leave, an employee must have worked for an employer for at least 12 months, including at least 1,250 hours during the 12-month period before the leave. The 12-month period is measured from the date an employee begins work for an employer and continues until the 12-month anniversary of that date. In California, there are also certain exceptions to the 12-month period requirements. For example, there is an exception for airline flight crews who have worked for the same employer over the past 12 months, but did not meet the 1,250-hour eligibility requirement. Additionally, employers may elect to use any type of 12-month period they choose, as long as the reasoning is objectively reasonable and consistently applied. In conclusion, in order to be eligible for FMLA leave in California, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the 12-month period preceding the date of the leave. There are also certain exceptions to the 12-month period requirement.

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