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

In New York, a 12-month period for FMLA eligibility purposes is defined by taking the preceding 12 months from the date of the employee’s request for leave or from the date the employee’s FMLA-qualifying event occurred. For instance, if an employee makes a request for FMLA leave on August 1st, 2019, the 12-month period begins on August 1st, 2018. In addition, if an employee experiences a FMLA-qualifying event, such as the birth of a child, on October 15th, 2019, the 12-month period begins on October 15th, 2018. When a 12-month period spans two calendar years, the employee must have worked for at least 1,250 hours in the preceding 12 months; however, if the employee has worked 1,250 hours within the current calendar year, then the employee is eligible for FMLA leave despite not working 1,250 hours in the 12 months prior to the leave or FMLA-qualifying event. It is important to note that different states may have different definitions of the 12-month period for FMLA eligibility purposes. For example, in New York, the 12-month period is measured forward from the date of the FMLA-qualifying event or request for leave, while other states may measure the 12-month period in different ways. Employees should familiarize themselves with the laws in their particular state to ensure they are aware of the eligibility requirements for FMLA leave.

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

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