hours to be counted against fmla

[font size="1" color="#FF0000"]LAST EDITED ON 08-22-03 AT 01:50PM (CST)[/font][p]If we are in the process of working 10-12hr days in our office. If a employee calls in can I count on the 8 hrs regular time or can i count the overtime as time against their FMLA?

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  • If you're going to mandatory overtime, you can count this time against the FMLA. However, you may need to adjust the number of hours that they have available to them. For example, working a 40-hour workweek X 12 weeks of entitlement gives the person 480 hours of FMLA. Working a 50-hour workweek X 12 weeks gives an entitlement of 600 hours of FMLA. So, if you're going to count more than 8 hours a day, adjust the amount of FMLA entitlement time.
  • Unfortunately, I agree. That simple "twelve weeks" becomes a nightmare to administer when there are changes in schedules, mandatory overtime, etc. that come into play. We have one department that has gone back and forth from a straight 40-hour week to a 65-1/2 hour week several times in the past couple of months. I've had to break it down into percentages of a week in order to simplify the counting. Missing an 8-hour day in a 40-hour week is 20%, but missing an 8-hour day in a 65-1/2 hour week is 12.2%. Since most of our FMLA leaves are intermittent, it's the only way I could think of to handle this without hiring another full-time employee just to track time missed! Obviously, we go back and double-check the hours in order to determine when the leave time expires.
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