FMLA Count

rroberts · June 2006

I still get a little confused on counting time off for FMLA when leave starts and stops in the middle of the week. Is 12 wks. counted as 7 calendar days or 5 working days? If ee starts leave on Tuesday, is off for two weeks, returns on a Thursday, is that two weeks and 1 day, thus leaving 9 wks. and 6 days of available leave?

LindaS · June 2006

It's 12 work weeks. In your example, if the EE works 5 8-hour days, they would have used 17 days out of 60.

System · June 2006

Not to claim LindaS is wrong, but I have never seen any definition of FMLA contain the words "workweek" when talking about duration of leave. Are there any attorneys out there that can shed light on this?? Any court precedent that has addressed this issue?

Whirlwind · June 2006

I don't know if this is legally supported, but we count it as 12 x 40 hours (or prorated accordingly for part time, e.g. 12 x 20 hours for half time). That accommodates all the weird shift patterns we have

rroberts · June 2006

I have seen jarrgon saying 12 work weeks. In our case some ee's work 5 days some work 6 days. Is there a standard i.e. 12 x 5 = 60 days for all ee's or 12 x 40 = 480 hours?
What's the legal answer?

NaeNae55 · June 2006

All the literature I have read says 12 weeks = 60 days = 480 hours. If I were you, I would go with hours. Remember, exempt employees can be docked for fmla hours if they are gone a partial day. You are safer being consistant with all employees (using hours).

Good luck!

Nae

lnelson · June 2006

It is 12 work weeks it may differ between ees depending on their schedule.

Example #1: Joe works M-F 8am to 5pm he goes out on FMLA on Tuesday June 20,2006. Counting the first Tuesday June 20th his 12 weeks would expire on Sept. 12th if not intermittent leave.

Example #2: Jane works M, W, Th, & F 6am to 1pm she goes on FMLA on June 19, 2006. Counting the first Monday June 19th her 12 weeks would expire on Sept 11th if not intermittent leave.

System · June 2006

Your example basically does not distinguish between part-time and full-time, they both must return at the same time (give or take a day). So the part time employee gets 336 hours of FMLA (assuming they work 28 hours a week) and the full time gets 480 hours FMLA (assuming a 40 hour week), the calculation is based on weeks not hours...is that what you are suggesting??

lnelson · June 2006

Yes, the 12 work weeks are up depending on what the work schedule is. You should not use 480 hours as the 12 weeks worked because some ees do not work a 40 hour week who qualify for FMLA. Also taking in another scenario of an ee who works 1 week on 1 week off or an ee who works a 50 hr week.

Myrna Minkoff · June 2006

29 CFR 825.205 addresses the situation of intermittent or reduced leave schedules and specifically discusses the issue of how to count the 12 week period. That said, I agree with the previous poster that it's often easier to utilize the 480 hours for an employee who generally works 5 8-hour days.

davids · June 2006

I have always used 480 hours or the appropriate proration for part-time employees (240 for a half-time employee, 360 for a three-quarter time employee, etc.). As some employees will use FMLA on an intermittent basis, I have found keeping track of hours as being the most accurate method.

FMLA Count

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