Under the Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. You can take FMLA leave more than once in a year for different qualifying reasons, but the total amount of FMLA leave taken in a rolling 12-month window generally cannot exceed 12 weeks. Whether you can reset or extend this limit depends on your employer’s chosen 12-month measurement method and any applicable state laws.
Understanding FMLA Basics
The FMLA applies to eligible employees of covered employers. Eligible employees must have worked for the employer for at least 12 months and have completed 1,250 hours of service in the 12 months before the leave, with at least 50 employees within a 75-mile radius. Covered reasons include the birth or adoption of a child, caring for a family member with a serious health condition, or the employee’s own serious health condition. The leave is typically unpaid, though some employers may offer paid FMLA or use accrued paid leave concurrently.
Can You Take FMLA More Than Once In A Year?
Yes, you can take FMLA leave more than once in a 12-month period for different qualifying reasons. The key limitation is the total amount of FMLA leave available within that 12-month period. If two separate events are each FMLA-qualifying, the combined time off generally cannot exceed 12 weeks in the chosen 12-month frame. The “frame” is determined by the employer’s chosen method for measuring the 12-month period (see the next section).
How The 12-Month Period Is Measured
Employers may choose among several methods to define the 12-month period for FMLA purposes. Common methods include a calendar year, a rolling 12-month period, the 12-month period measured backward from the first FMLA leave taken, or a fixed 12-month period tied to a specific date. The method chosen affects how the 12-week limit applies if multiple leaves occur for different reasons. A rolling 12-month period is the most strict, while a calendar year frame may feel more predictable for planning takeaways.
Different Reasons And Eligibility
Leaves for different qualifying reasons—such as one for a newborn, one for a serious health condition, and another for caring for a family member with a serious health condition—can be taken separately. However, each leave must qualify under FMLA rules, and the total time counted toward the 12-week limit applies across reasons within the same 12-month window. Intermittent FMLA leave, where time off is taken in separate blocks, also counts against the 12-week total and can be used for different reasons if approved by the employer.
Intermittent Leave And Reduced-Leave Options
FMLA allows intermittent or reduced-leave schedules for certain circumstances, such as ongoing medical treatment or caregiving. When leave is taken intermittently for different qualifying events, each interval still counts toward the 12-week cap within the 12-month period. Employers may require scheduling consistency and medical certification for intermittent leave. If both events occur in the same 12-month window, the combined time cannot exceed 12 weeks unless a different state law or employer policy provides more.
Job Protection And Reinstatement
FMLA guarantees job protection, meaning eligible employees are entitled to return to the same or an equivalent position after leave, with the same pay, benefits, and terms. If a position is temporarily filled or becomes unavailable, the employer must restore the employee if possible or provide an equivalent role. Discrimination or retaliation for taking FMLA is prohibited. Some states offer additional guarantees or paid family leave programs that can supplement or exceed FMLA protections.
Practical Steps For Employers And Employees
For Employees:
- Consult HR early to determine the 12-month period method and how multiple leaves will be counted.
- Document each qualifying reason with medical certificates or appropriate documentation.
- Plan using any available paid leave concurrently with FMLA, if offered, to reduce financial impact.
- Communicate anticipated timelines and update supervisors if schedules change.
For Employers:
- Clearly communicate the 12-month measurement method and how multiple leaves will be counted.
- Track FMLA usage accurately across different qualifying events in the same 12-month period.
- Provide required notices, certifications, and maintain confidentiality of medical information.
- Consider state leave laws and any applicable paid family leave programs that may extend benefits beyond FMLA.
Frequently Asked Questions
Q: If I take leave for two separate illnesses in a year, can I get a full 12 weeks for each? A: Not under FMLA. The total FMLA leave is capped at 12 weeks in the defined 12-month period, regardless of the reasons. State laws or employer policies might offer additional leave or protections.
Q: Can I start a new 12-month period with a new event? A: Depending on the employer’s 12-month method, a new qualifying event may begin a fresh count only if the 12-month period resets as defined by policy or law.
Q: Does paid leave affect FMLA calculations? A: Paid leave can run concurrently with FMLA and count toward the 12-week limit, depending on company policy and state law.
Conclusion
Taking FMLA twice in one year for different reasons is possible, but employees must watch the overall 12-week limit within the chosen 12-month period and follow their employer’s policies. Understanding eligibility, documentation, and the specific method used to measure the 12-month period can help both employees and employers navigate multiple leaves smoothly and legally.