1. (a) An eligible employee's FMLA leave entitlement is limited to a total of twelve (12) workweeks of leave during any twelve (12)-month period for any one, or more, of the following reasons:

   1. (1) The birth of the employee's son or daughter, and to care for the newborn child;
   2. (2) The placement with the employee of a son or daughter for adoption or foster care, and to care for the newly placed child;
   3. (3) To care for the employee's spouse, son, daughter, or parent with a serious health condition;
   4. (4) Because of a serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job;
   5. (5) Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation; or (6) To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember.

2. (b) An employer is permitted to choose any one of the following methods for determining the “twelve (12)-month period” in which the twelve (12) weeks of leave entitlement described in subsection (a) of this section occurs:

   1. (1) The calendar year;
   2. (2) Any fixed twelve (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;
   3. (3) The twelve (12)-month period measured forward from the date any employee's first FMLA leave under subsection (a) begins; or, (4) A “rolling” twelve (12)-month period measured backward from the date an employee uses any FMLA leave as described in subsection (a).
3. (c) Under methods in subsections (b)(1) and (b)(2) of this section an employee would be entitled to up to twelve (12) weeks of FMLA leave at any time in the fixed twelve (12)-month period selected. An employee could, therefore, take twelve (12) weeks of leave at the end of the year and twelve (12) weeks at the beginning of the following year. Under the method in subsection (b)(3) of this section, an employee would be entitled to twelve (12) weeks of leave during the year beginning on the first date FMLA leave is taken; the next twelve (12)-month period would begin the first time FMLA leave is taken after completion of any previous twelve (12)-month period. Under the method in subsection (b)(4) of this section, the “rolling” twelve (12)-month period, each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the twelve (12) weeks which has not been used during the immediately preceding twelve (12) months. For example, if an employee has taken eight (8) weeks of leave during the past twelve (12) months, an additional four (4) weeks of leave could be taken. If an employee used four (4) weeks beginning February 1, 2008, four (4) weeks beginning June 1, 2008, and four (4) weeks beginning December 1, 2008, the employee would not be entitled to any additional leave until February 1, 2009. However, beginning on February 1, 2009, the employee would again be eligible to take FMLA leave, recouping the right to take the leave in the same manner and amounts in which it was used in the previous year. Thus, the employee would recoup (and be entitled to use) one additional day of FMLA leave each day for four (4) weeks, commencing February 1, 2009. The employee would also begin to recoup additional days beginning on June 1, 2009, and additional days beginning on December 1, 2009. Accordingly, employers using the rolling twelve (12)-month period may need to calculate whether the employee is entitled to take FMLA leave each time that leave is requested, and employees taking FMLA leave on such a basis may fall in and out of FMLA protection based on their FMLA usage in the prior twelve (12) months. For example, in the example above, if the employee needs six weeks of leave for a serious health condition commencing February 1, 2009, only the first four weeks of the leave would be FMLA-protected.
4. (d) Employers will be allowed to choose any one of the alternatives in subsection (b) of this section for the leave entitlements described in subsection (a) of this section provided the alternative chosen is applied consistently and uniformly to all employees. An employer wishing to change to another alternative is required to give at least sixty (60) days notice to all employees, and the transition shall take place in such a way that the employees retain the full benefit of twelve (12) weeks of leave under whichever method affords the greatest benefit to the employee. Under no circumstances may a new method be implemented in order to avoid the FMLA's leave requirements.
5. (e) If an employer fails to select one of the options in subsection (b) of this section for measuring the twelve (12)-month period for the leave entitlements described in subsection (a) of this section, the option that provides the most beneficial outcome for the employee will be used. The employer may subsequently select an option only by providing the sixty (60)-day notice to all employees of the option the employer intends to implement. During the running of the sixty (60)-day period any other employee who needs FMLA leave may use the option providing the most beneficial outcome to that employee. At the conclusion of the sixty (60)-day period the employer may implement the selected option.
6. (f) An eligible employee's FMLA leave entitlement is limited to a total of twelve (12) workweeks of leave during a “single twelve (12)-month period” to care for a covered servicemember with a serious injury or illness. An employer shall determine the “single twelve (12)-month period” in which the twelve (12) weeks-of-leave-entitlement described in this subsection occurs using the twelve (12)-month period measured forward from the date an employee's first FMLA leave to care for the covered servicemember begins.
7. (g) During the “single twelve (12)-month period” described in subsection (f) of this section, an eligible employee's FMLA leave entitlement is limited to a combined total of twelve (12) workweeks of FMLA leave for any qualifying reason.
8. (h) For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave. However, if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee's FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. Similarly, if for some reason the employer's business activity has temporarily ceased and employees generally are not expected to report for work for one or more weeks (for example, a school closing two weeks for the Christmas/New Year holiday or the summer vacation or an employer closing the plant for retooling or repairs), the days the employer's activities have ceased do not count against the employee's FMLA leave entitlement.

(Effective May 12, 2014)