Intermittent Leave - Exceeding 12 weeks?

morrisg

My employee works regular and overtime hours, but the weeks cannot be predicted, thus we take the average 12 months proceeding his FMLA date, in the case, his intermittent leave hours. These average hours work out to 55 hours per week. i.e. 12 weeks x55 or 660 hours.

If he takes (assuming all is FMLA eligible) 2 hours this week and 3 hours next week and then 5 hours the next week he has gone through 3 calendar weeks, but if he continued this pattern his intermittent leave does not run out in 12 calendar weeks does it, they run out when he has burned his 660 eligible hours meaning this could go on for several weeks...am I correct?

As I understand it we could recalculate the eligible hours once his new FMLA year started.

LindaS

His FMLA runs out when he runs out of his 660 hours.

bethk

I thought FMLA was 12 weeks or 480 hours max. Is this not true?

morrisg

You are eligible for up to 480 unless your employees work schedule varies from week to week, as often happens with hourly workers. In this case you then need to take the weekly average number of hours worked during the 12 months (used to be 12 week) period before beginning the leave period.

bethk

Thank you! I didn't know that. Some of our restaurant workers work much more than 40 hours a week.