FMLA Leave Entitlement When There Are Multiple Qualifying Reasons

Is an employee entitled to more than 12 weeks of FMLA leave if there are multiple qualifying reasons?

Generally, no. An eligible employee’s Family and Medical Leave Act (FMLA) leave entitlement is limited to a total of 12 workweeks of leave during the 12-month period designated in the employer policy, even if the employee has multiple qualifying reasons.

One exception is in the case of leave to care for a covered service member with a serious injury or illness. As stated in FMLA regulations, an eligible employee may use a combined total of 26 weeks in such instances. In addition, state family and medical leave laws, an employer policy, or the terms of a collective bargaining agreement may allow for non-FMLA medical leave in addition to the 12 weeks provided under the FMLA.

How the 12-Month Period Affects Multiple Qualifying Reasons

How an employer chooses to define the 12-month period is key to managing multiple requests for different qualifying reasons.  FMLA regulations provide employers with four options to define the 12-month period:

• 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 work anniversary date.
• A 12-month period measured forward from the date that an employee’s first FMLA leave begins.
• A “rolling” 12-month period measured backward from the date that an employee uses any FMLA leave.

Template: FMLA Employee Request Form

If an employer chooses to use the calendar year or another fixed 12-month leave year, such as a fiscal year, for example, an employee may be able to stack leave. This means using more than 12 consecutive weeks of FMLA leave for either a single qualifying reason or for multiple reasons.

Example: When a calendar year is used, an employee could be on FMLA leave during the last 12 weeks of one year and the first 12 weeks of the next year.

Using the rolling-year-backward method, an employee is limited to 12 weeks of leave, even if they have different qualifying reasons.

Example: An employee returns to work on Jan. 1, 2024, after using 12 weeks of FMLA leave for childbirth, which began on Oct. 1, 2023. Within a few days, the individual requests three weeks of FMLA leave to care for her father with a serious health condition. Although she has a legitimate qualifying reason for leave, the employee would not be eligible for FMLA leave because she has already used 12 weeks of leave in the 12-month period beginning on the date her recent FMLA leave began. She would be eligible for more FMLA leave beginning Oct. 1, 2024.