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CALCULATION OF LEAVE USAGE 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.
FMLA provides up to 12 weeks of leave. A week is determined by the number of hours you normally work. Leave taken as full weeks: An staff or student employee or librarian who works 35 hours per week is entitled to 12 weeks of leave, which would total 420 hours (35 x 12), not 480 (40 x 12) hours.
Under this method, an employee would be entitled to 12 workweeks of leave during the 12-months beginning on the first date FMLA leave is taken. The next 12-month period would then begin the first time FMLA leave is taken after completion of any previous 12-month period.
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.
The next 12-month period would then begin the first time FMLA leave is taken after completion of any previous 12-month period. For example, if any employee requests leave on June 3, 2009, the 12-month period for this employee and this occasion would be June 3, 2009 until June 2, 2010.