How is a 12-month period defined for FMLA eligibility purposes?
Under the Family and Medical Leave Act (FMLA), an employee must meet certain criteria in order to be eligible for leave. One of those criteria is that he or she must have worked for their employer for at least 12 months. This 12-month period is called the “look-back period.” The look-back period starts on the first day of the employee’s work and continues until the day before the employee takes their leave. During this time, the employee must have worked 12 eligible months. Eligible months are those months that the employee has worked at least 1,250 hours of service. Service includes hours worked, paid holidays, paid vacation days, and paid sick leave days. The look-back period must include at least 12 consecutive months, but can include more than 12 months if the months are not consecutive. For example, if an employee started working for their employer on April 1st, their look-back period would be April 1st to April 1st of the following year. If the employee took a leave of absence for several months during this period, their look-back period would still be April 1st to April 1st of the following year. At the end of the look-back period, the employee must have worked at least 12 months and a minimum of 1,250 hours of service in order to qualify for FMLA leave in the state of Washington.
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