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The employee's actual workweek is the basis for determining the employee's FMLA leave entitlement. An employee does not accrue FMLA leave at any particular hourly rate. FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour.
An employee must have been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave. The hours of service are counted for the 12-month period immediately preceding the leave and generally must be actual hours worked by the employee.
Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization.
Employers may choose to place an employee on a leave of absence for a reasonable amount of time to allow the individual time to obtain the required documentation, or employers may terminate an employee who fails to produce the required documents within three business days.
6.2 Reverifying or Updating Employment Authorization for Rehired Employees Enter the employee's full name from the original Form I-9 at the top of the supplement. Enter any name change in the New Name fields. ... Enter their rehire date in the Date of Rehire field. Enter your name and sign and date the supplement block.