Federal and state entitlements such as FMLA or CFRA are subject to measurement windows, which are essentially a period of time over which the time balance can be used.
The DOL defines 4 different measurement window options for calculating FMLA and Cocoon uses the “rolling” 12-month period.
FMLA methods for calculating the 12-month period used for the basic FMLA leave entitlement:
The calendar year;
Any fixed 12-month leave year, such as a fiscal year, a year required by State law, or a year starting on an employee's anniversary date;
The 12-month period measured forward from the date any employee's first FMLA leave; or,
A “rolling” 12-month period measured backward from the date an employee uses any FMLA leave.
Let’s look at an example of the “rolling” 12-month period:
An employee is eligible for FMLA, meaning they can take 12 weeks of time over a 12 month period.
Leave in 2023
This employee takes 8 weeks of leave starting on February 1, 2023. They take another 4 weeks starting on November 1, 2023. At the end of November, their FMLA balance is exhausted and they are not entitled to any additional FMLA leave until February 1, 2024.
Leave in 2024
On February 1, 2024, this employee would again be eligible to take FMLA leave in the same manner and amounts in which it was used in the previous 12 months. This means on February 1, 2024, the employee would have 8 weeks of FMLA leave available to take. On November 1, 2024, the employee would then be eligible to take the remaining 4 weeks of FMLA leave.
Nuances for each 12-month period:
Method 1 & 2 (calendar year and fixed 12-month year):
Under these methods, an employee would be entitled to up to 12 weeks of FMLA leave at any time in the fixed 12-month period selected. An employee could, therefore, take 12 weeks of leave at the end of the year and 12 weeks at the beginning of the following year. These measurement windows may be perceived as easy to administer but employers often reject this method due to concern with operational impacts of extended periods of leave.
Method 3 (12-month period measured forward)
Under this method, an employee would be entitled to 12 weeks of leave during the year beginning on the first date FMLA leave is taken; the next 12-month period would begin the first time FMLA leave is taken after completion of any previous 12-month period. This method is complicated because it requires tracking of dates that leaves start and constant recalculating of the start of the 12-month period.
Method 4 (rolling 12-month period)
Under this method, each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months. Most employers tend to prefer this method because it is fairly easy to calculate and tends to spread FMLA usage out most evenly over 12 months.
Frequently Asked Questions
We’ve historically used a different method, can Cocoon accommodate a measurement window other than the “rolling” method?
Cocoon uses the “rolling” method for all employees and cannot accommodate any other measurement windows at this time.
Any questions? Please reach out to the Cocoon Support team at: