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

Under the Family and Medical Leave Act (FMLA), a 12-month period is defined as the rolling calendar year of 12 consecutive months. That means that a 12-month period begins 12 months back from the first day of an employee’s request for leave, and could consist of mixed or full months. In Utah, any employee who works 1,250 hours or more in a 12-month period is eligible for the FMLA. All employees who work for the same employer are counted toward the 1,250 hours, even if they work in different locations. The 12-month period may also be based on the employer’s fiscal year, from the date it begins to the same date the following year, or any 12-month period determined by the employer. Under the FMLA, employers may also select an alternative 12-month period of consecutive months. This alternative period must be used to determine FMLA eligibility for all employees within the company. During the 12-month period, eligible employees within the state of Utah may take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. This includes time for the care of a newborn or newly adopted child, or a family member who is ill. Under the FMLA, employees may only take up to 12 weeks of unpaid leave in a 12-month period. These weeks must be taken all at once; any additional leave must be taken in a separate 12-month period.

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

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