FMLA Entitlement Calculation FAQ

The federal Family and Medical Leave Act (FMLA) provides eligible employees with 12 work weeks of unpaid, job protected leave in a defined 12-month period for specified family and medical reasons. 

In order to be eligible for FMLA an employee has to have 12 months of service with Stanford University and also has to have worked at least 1,250 hours in the last 12 months.

Since 2015, Stanford uses a “rolling” backwards calculation method for calculating entitlement for the federal FMLA, as well as eligibility for the state version, California Family Rights Act (CFRA). This means that each time an eligible employee takes FMLA leave, the remaining leave entitlement is the balance of the 12weeks that has not been used during the immediately preceding 12 months.

• Example 1:​ You request three weeks of FMLA leave, beginning July 31. We will look back at the previous 12 months to see if any FMLA leave had been used. If not, you are entitled to the three weeks you requested and will have nine more weeks available between now and July 30 of next year.
• Example 2:​ You request two weeks of FMLA leave, beginning November 1. We will look back at the previous 12 months to see if any FMLA leave has been used. In this example, you took four weeks ofFMLA starting March 1, four weeks beginning May 1, and three weeks beginning August 1. So by the time you request a leave to begin November 1, you have already taken 11 weeks in the past 12months, so you have one week of FMLA-protected leave available until March 1 of the next year.

Stanford’s disability and leaves administrator will help you through this process with this when you open a claim. Visit Steps for Taking a Leave on Cardinal at Work for further details.