How is a 12-month period defined for FMLA eligibility purposes?
Under the Family and Medical Leave Act (FMLA) in Wisconsin, a 12-month period for FMLA eligibility is defined as a rolling 12-month period that is measured backward from the date an employee uses any FMLA leave. This means that all leave taken during the 12-month period is counted towards the total amount of FMLA leave taken. For example, if an employee takes FMLA leave on June 15th, the 12-month period would begin on June 15th of the previous year. All leave taken during that time period, including any leave taken from June 15th of the current year to June 15th of the previous year, would be counted towards the total FMLA leave taken. It is important to note that employees must have worked a minimum number of hours to be eligible for FMLA in the first place. In Wisconsin, this requirement is 1,250 hours worked during the 12-month period preceding the start date of the leave. This includes any leave taken during the 12-month period. In sum, the 12-month period for FMLA eligibility is based on a rolling 12-month period measured backward from the date an employee uses any FMLA leave. Moreover, the employee must have worked 1,250 hours during the 12-month period preceding the start date of the leave in order to be eligible for FMLA in Wisconsin.
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