Counting FMLA Time

Joe HR

We have an EE who will be going on a FMLA medical leave who only works a part-time schedule. Our normal work week is 35 hours and she works an 80% or 28 hour work week.
When she goes on FMLA leave do we count each week as a 28 hour week and allow her to be off for 12 weeks or is she only entitled to a total of 336 hours( 28 hrs. X 12 wks.)?
We do not care which way it is counted, but we want to make sure we are complying with the law and not setting a precedent which may haunt us later.
Appreciate all input.

Nrdgrrl

You count it as 12 weeks at 28 hours. Here is the reg:

29 CFR 825.205
(b) Where an employee normally works a part-time schedule or
variable hours, the amount of leave to which an employee is entitled is
determined on a pro rata or proportional basis by comparing the new
schedule with the employee's normal schedule. For example, if an
employee who normally works 30 hours per week works only 20 hours a week
under a reduced leave schedule, the employee's ten hours of leave would
constitute one-third of a week of FMLA leave for each week

Joe HR

Thank you Nrdgrrl for your response. We thought that would be the case, but were trying to obtain verification.