Can I Take FMLA Twice in One Year?

Introduction

You took 12 weeks of FMLA last year. Now you need surgery. Can you take it again? The answer depends entirely on **how** your employer calculates the "12-month period."

The Calculation Methods

Employers must choose one of four methods to track your 12 weeks:

1. **Calendar Year:** Resets every January 1st. - *Good for you:* You could take 12 weeks in Dec and 12 weeks in Jan. 2. **Fixed 12-Month Year:** Resets on a specific date (e.g., fiscal year or your anniversary). 3. **Measured Forward:** 12 months starts from your *first* day of leave. 4. **Rolling Backwards (Most Common):** Look back 12 months from *today*. If you used time in that window, subtract it from your balance.

The "Rolling Backwards" Trap

Most employers use this method because it prevents "stacking" leave (taking 24 weeks back-to-back).

**Example:** You took 12 weeks ending May 1st. You won't earn *any* time back until the following February (when days from your previous leave start falling off the 12-month lookback window).

Conclusion

Check your employee handbook. If it doesn't specify a method, the law says the employer must use the one **most beneficial to you**.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice.*