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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29986
Experience:  Former judicial law clerk, lawyer
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I have been on Intermittent FMLA leave years now , it

Customer Question

I have been on Intermittent FMLA leave for 3 years now , it has been calculated by the calendar year. This year i i got my notice that it was approved from 1/1/-12/31---In march i went out for an unrelated medical issue. I recently received notice that i have exhausted all my allotted FMLA time for the entire year. when i questioned it i was told the second FMLA period was calculated using the "rolling " 12 month option. Can they go back and recount if you will into a past years time that they have technically closed out?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. No, they can't. An employer has 4 options for determining how FMLA will be handled. They can calculate it by calendar year, by some other predefined 12 month period (like the fiscal year) or by rolling 12 month period (looking backward or forward), but they can't mix and match. Also, the FMLA period must be the same for all employees. They can't do a rolling 12 months for you and have everyone else on calendar years. You can call the Wage and Hour Division of the Department of Labor at 1-866-4-USWAGE to file a Complaint. You also have the option of hiring a local attorney to send them a letter on your behalf, explaining why you're still entitled to your full 12 weeks of leave during 2016. If you wind up having to file a lawsuit, you can ask the judge to order them to pay your legal fees. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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