The look-back method of calculating how much Family and Medical Leave Act (FMLA) time off an employee has used during a 12-month period is the best way for employers to prevent FMLA leave abuse. The look-back method is the most commonly used of the four optional methods provided in the FMLA regulations, though it can be the most administratively difficult, as well.
Using the look-back method, also called the rolling method, the employer will review the last 12 months from the date of the request for FMLA leave, add all FMLA time the employee has used during that time period and subtract that total from the employee's 12-week leave allotment.
For employers that use the look-back method, every time an individual takes FMLA leave—continuous, intermittent or reduced schedule—the employer determines the individual's leave entitlement by offsetting the weeks of FMLA leave based on what was used in the preceding 12-month period, said Tracy Billows, an attorney with Seyfarth in Chicago.
"Many think an employer looks back once and then is done," she said. However, under the rolling method, individuals could be accruing leave throughout their time off, she explained.
Four Different Methods
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