How many fmla days

A week is determined by the number of hours you normally work. Leave taken as full weeks: An employee who works 35 hours per week is entitled to 12 weeks of leave, which would total hours 35 x 12 , not 40 x 12 hours.

Intermittent or Reduced Schedule: Only the amount of leave you actually take counts toward your leave entitlement. If you normally work 30 hours a week, but only are able to work 20 hours following surgery, your 10 hours of leave equal one-third of a week of FMLA leave for each week of the reduced-leave schedule.

HR Operations. The amount of FMLA leave taken is divided by the number of hours the employee would have worked if the employee had not taken leave of any kind including FMLA leave to determine the proportion of the FMLA workweek used. For example, an employee who normally works 30 hours a week but works only 20 hours in a week because of FMLA leave would use one-third of a week of FMLA leave.

Time that an employee is not scheduled to report for work may not be counted as FMLA leave. If an employer temporarily stops business activity and employees are not expected to report for work for one or more weeks e. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

The weekly average is determined by the hours scheduled over the 12 months prior to the beginning of the leave and includes any hours for which the employee took any type of leave. The period of the physical impossibility is limited to the period when the employer is unable to permit the employee to work prior to a period of FMLA leave or return the employee to the same or equivalent position after a period of FMLA leave due to the physical impossibility.

This rule applies only to situations where it is truly physically impossible to return the employee to work after an FMLA-qualifying absence, for example, a railroad conductor whose FMLA leave prevents him from boarding the train before it leaves for its scheduled trip.

FMLA leave is unpaid leave. However, an employee can take baby-bonding time in smaller continuous chunks as long as it is approved by the employer. For example, if new parents are alternating time off from their respective jobs at different employers to care for their baby, they might each take four separate two-week periods off rather than taking it all in consecutive weeks.

Nor can an employer force an employee to take more leave than they want or need. Failure to comply can cost your company, should a complaint be filed. Intermittent leave occurs when the employee is out on an irregular schedule. An example might be when an employee has received a cancer diagnosis and needs one week off for surgery, followed by one to three days a week after that for chemotherapy and recovery from those treatments.

In such a case, the employee may feel well enough to work four days during some weeks and only two days during other weeks. Reduced-schedule leave means the employee needs to work fewer hours than the standard work week due to their own serious health condition or that of a spouse, son, daughter or parent.

An employee might have trouble getting up and moving due to severe arthritis, for instance, and need to come in at 10 a. Or an employee might need to leave the office early for a certain number of weeks to help care for a dying parent in hospice. FMLA can be confusing and complicated to administer because, as mentioned previously, it works in tandem with federal and state employment laws. The law guarantees the 12 weeks off, but it does not provide compensation to employees on leave.

Employees may have the option of receiving partial wage replacement from the state if there is a program or from private insurance. As long as it meets the criteria discussed, normally any absence that is greater than 3 days should be designated as FMLA.

During this time, the employee can use PTO. If the employee works in a state that provides benefits, though, there may be special considerations for that particular state. When PTO is used, it would be used in conjunction with the leave and not prior to the leave.

For instance, if an employee goes out on a leave, the leave starts on the first day out rather than when PTO is used up. Learn more in our free e-book: 7 most frequent HR mistakes and how to avoid them.

Hi, I am using this info for a research paper.