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The leave offered by the FMLA (or, for that matter, California's Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule.
For example, an employer considers Thanksgiving a holiday and is closed on that day, and none of its employees work. One of its employees is taking 12 weeks of unpaid FMLA leave the last 12 weeks of the calendar year. The employer would count Thanksgiving Day as FMLA leave for that employee.
Leave and Reinstatement RightsAlthough FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee's FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.
Under the ''rolling'' 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
Under the rolling method, known also in HR circles as the look-back method, the employer looks back over the last 12 months, adds up all the FMLA time the employee has used during the previous 12 months and subtracts that total from the employee's 12-week leave allotment.
Records pertaining to FMLA leave Intermittent leave can be tracked by recording the employee's work schedule and subtracting from it the number of hours they took for FMLA leave. If the employee was scheduled to work 7 hours and only worked 3 hours, then 4 hours of FMLA leave can be counted.
The Family and Medical Leave Act, FMLA, is a federal law that provides eligible employees entitlement to 12 workweeks of paid or unpaid leave during a consecutive 12 months for the birth of the employee's child, the placement with the employee of a child for adoption or foster care, a qualifying serious health
In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness. However, Kansas does not have such a law.
5 Tips for Managing Intermittent FMLA LeaveConfirm eligibility.Restrict intermittent leave to only what the law allows and ensure it's taken properly.Use medical certifications.Train supervisors to get it right.More items...?