FMLA method of calculation

[dorlia]

My employer posted on their web-site that the 12 month period for FMLA is calculated by a Calendar year method. Their guidebook states it is a "rolling" 12 month period. The HR rep stated that the web-site is wrong. She stated they have been consistent in applying the "rolling" 12 month method to all employees so they are clear on choosing the ''rolling method''.
The guidebook is revised in 2005. The pdf file has two pages. The first one where the method is described as a Calendar year does not have a date. The second page is the actual request for leave form and it has a date in 2007.
Can I do something about this discrepancy? My feeling is that my employer did not clearly designate the 12 month period it has selected. If I am reading the law correctly I might me allowed to choose the method which is beneficial for me as an employee. I live in IL.
Thank you for your help!
Dorlia

 

[cbg]

There is merit to your theory; however if the employer really has been consistant in how they have applied FMLA in the past, a clerical error may not be enough to support it. Generally the section of the law you are referring to is applied when the employer does not designate what method is used. If you really believe that the calendar year method will be most beneficial to you and you are prepared to burn bridges with HR over this, contact the US DOL for further assistance.

 

[dorlia]

Thank you!