FMLA for reduced work week

njjel · January 2008

An ee works 4 days a week rather than 5 days a week on a permanent basis. They go out on FMLA leave on 1/1/08. When does their leave end, 3/25/08?

joannie · January 2008

That would be 12 weeks.

njjel · January 2008

Yes, it is 12 weeks which is what my question is. If they work less than 5 days per week is the leave calculated the same?

stilldazed · January 2008

How many hours per week does the person work? If the LOA is continuous and the worker if FT, a week is a week is a week. If the LOA is intermittent or the worker is PT, you can count hour for hour as long as the count is consistent with other workers.

njjel · January 2008

The ee works 4 days per week, 7 hours per day - total 28 hours per week. Again the question is does she get 12 weeks of leave (which would end as stated above) or does it go by days as in 60 (which would be longer than 12 weeks).

NaeNae55 · January 2008

A worker scheduled for 28 hour work weeks gets twelve 28 hour work weeks. A worker scheduled for 50 hour work weeks gets twelve 50 hour work weeks.

I noted that 52 weeks of 28 hours comes to 1456 hours. If your employee missed 206 or more hours in the prior 12 month period due to holidays, vacation, sick or other leave they will technically not be eligible (must have worked 1250 hours in prior 12 months). Just FYI.

Good luck!

Nae

njjel · January 2008

I recall reading somewhere that if an ee worked for an employer previously for say 2 years, left and returned to work, that the 1250 hours they worked previously entitled them to the leave.

NeedCoffee · January 2008

I read that too, although I cannot recall where. I believe it was the implication of caselaw where the court was asked to rule on eligibility....but who knows.

njjel · January 2008

so I'm wondering - does that mean that once an ee satisfies the 1250 hours that they don't have to do that each year???

NaeNae55 · January 2008

Sorry. Previous employment counts towards the 1st year rule, not the 1250 hours. If you work for an employer for 8 months, leave, then return 2 years later your original 8 months applies towards the 1st year requirement. You still have to work 1250 hours before you qualify.

Examples:

Sue works at ABC Company from January 2nd to August 31st in 2005. In 2007 she returns on June 1st. She works 40 hours per week without overtime. She takes no sick or vacation, but is off on for holidays on July 4th, September 3rd, November 22nd and December 25th. On January 1st she actually has 15 months in, but only 1184 hours. She does not yet qualify for FMLA. If she gets New Year's Day as a holiday, she will not be eligible for FMLA until she has worked 2 hours on the January 14th.

The difference is the 1250 is an annual and ongoing thing (you must have worked 1250 hours in the past year), the work for a year rule is a one time deal (you must be employed for one year).

Good luck!

Nae

njjel · January 2008

Got it! What about vacation time? Does that count as time worked or no?

NaeNae55 · January 2008

No. Not for FMLA purposes.

Susan in La · January 2008

If they worked for an employer two years ago that could meet the 12 months of employment rule, but the 1250 hours have to be in the past 12 months.

FMLA for reduced work week

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