Intermittent Leave - Exceeding 12 weeks?

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 I correct?

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


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