How is a 12-month period defined for FMLA eligibility purposes?
A 12-month period for eligibility purposes under the Family and Medical Leave Act (FMLA) is defined by the calendar year or fiscal year for businesses in New Hampshire. This period begins on the first day of an employee’s employment, or the day an employee returns to work after taking FMLA leave. This period is used to measure an employee’s cumulative 12-months of service required to be eligible for FMLA leave. The twelve-month period is calculated by counting backwards each day the employee worked or took FMLA leave. Any days in which the employee did not work or take emergency FMLA leave do not count towards the 12-month period. If the employee is on any other form of leave, such as vacation or sick time, the days do count towards the 12-month period. In New Hampshire, there are also rules in place for employees who may have more than one position or job with a company, or who have worked for multiple employers in the past 12 months. In this situation, the employee’s hours are combined when determining FMLA eligibility. At the end of the 12-month period, any days which the employee took FMLA leave are reset and the 12-month period begins again. This allows an employee to take up to 12 weeks of FMLA leave within a 12 month period, as long as they meet the other eligibility requirements.
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