FMLA and the new year

christina0001

I am already on FMLA. I think I have about 4 weeks left. I am possibly looking at a mastectomy, and then reconstruction (will be done separately). Hypothetically, if I had the reconstruction done at the end of December, would I qualify for a whole new FMLA benefit period at the beginning of the new year?

itsjustme10

http://www.dol.gov/whd/fmla/

The introduction is worded in relevant part:

 .  Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for...

My interpretation of that statement is it's any 12 month period.  Once 12 months from the first date of FML have passed, you should have another 12 weeks of eligibility in the following 12 months. 

christina0001

Thank you. I may need to wait until next spring (12 months after the FMLA benefit I am under now) for reconstruction.

reesie

Check with HR. Companies have a choice to work on your FMLA year or the calendar year.

christina0001

Thanks reesie. I am always uncomfortable speaking with HR even though they've been nothing but nice to me.

Cindyl

Yeah, you really need to verify with HR.  FMLA can run calandar year, fiscal year, or rolling 12 months (so if you were gone april may and june your FMLA year runs april to march.  But it's all up to your company.