"Stacking" of an employee's 12 weeks of FMLA eligibility can occur when an employer designates a fixed FMLA benefit year. The University uses a fixed year to define an employee's FMLA benefit year (see FMLA Benefit Year section of this tutorial). Stacking can result in an employee receiving more than 12 weeks of FMLA coverage for a single FMLA qualifying absence.

Please note that for the care of a servicemember with a serious injury or illness, the 12 month period during which the employee is entitled to be absent from work for up to 26 weeks begins on the first day of the employee’s absence.  An employee may use up to 26 weeks in the 12 month period for the same injury or illness for a single service member.  The ability to take up to 26 weeks ends when the 12 month period expires.  If an employee needs to care for more than one service member or a service member who had received care for a prior injury or illness and has a subsequent, different injury or illness, an eligible employee will receive an additional 26 weeks of FMLA coverage.

Stacking may occur when an employee's FMLA qualifying absence begins in one FMLA benefit year, and continues into the employee's next FMLA benefit year.

Example: If an employee with a date of hire of June 6, 2001 is absent from the workplace for an FMLA qualifying event starting on April 7, 2006 and returns to work on August 11, 2006, the employee would use FMLA eligibility from two FMLA benefit years (June 6, 2005 to June 5, 2006 and June 6, 2006 to June 5, 2007). Specifically, the employee would use 60 calendar days of FMLA coverage in the employee's June 6, 2005 to June 5, 2006 FMLA benefit year, and 66 calendar days from the employee's June 6, 2006 to June 5, 2007 FMLA benefit year. The employee would be covered by the FMLA for a total of 126 calendar days (18 weeks).

An employee's FMLA coverage does not need to be continuous for stacking to occur.

Example: If an employee with a date of hire of June 6, 2001 is absent from the workplace for an FMLA qualifying event starting on February 1, 2006 and returns to work on August 11, 2006, the employee would use FMLA eligibility from two FMLA benefit years (June 6, 2005 to June 5, 2006 and June 6, 2006 to June 5, 2007). Specifically, the employee would use 84 calendar days (twelve weeks) of FMLA coverage in the employee's June 6, 2005 to June 5, 2006 FMLA benefit year, and 66 calendar days from the employee's June 6, 2006 to June 5, 2007 FMLA benefit year. The employee would be covered by the FMLA for two distinct periods of time (February 1, 2006 to April 25, 2006 and June 6, 2006 to August 10, 2006) for a total of 150 calendar days.

When an employee's absence begins in one FMLA benefit year and continues into the employee's next FMLA benefit year, the employee's eligibility for FMLA coverage is reconfirmed on the first day of the next FMLA benefit year. For both examples provided above, the employee's eligibility would be reconfirmed as of June 6, 2006. A non-exempt employee must have worked 1,250 hours in the period of June 6, 2005 to June 5, 2006, and an exempt employee must have a 50 percent or greater appointment fraction as of June 6, 2006. The appropriate University Human Resources Office (see the Resources and Contacts section of this tutorial) can be consulted to determine if an exempt employee is eligible for FMLA coverage when the employee has an extended period of absence preceding the start of the next FMLA benefit year.

If an employee's absence continues into the employee's next FMLA benefit year, the unused FMLA coverage from the prior FMLA benefit year is no longer accessible. An employee has 12 weeks of FMLA eligibility beginning the first day of the employee's FMLA benefit year, and ending the last day of the same FMLA benefit year.