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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.
An employee is allowed for a 12-week FMLA leave. For computing intermittent leave, the period is mostly divided into hours. Like if an employee works for 40 hours every week, then his/her intermittent leave period shall be 40×12=480 hours. Therefore, the employee is eligible for 480 hours of intermittent leave.
To determine the person's eligibility, the hours he or she would have worked during the period of USERRA-covered service (20 x 40 = 800 hours) must be added to the hours actually worked during the 12-month period prior to the start of the leave to determine if the 1,250 hour requirement is met.
Certify and Schedule the Leave Authority to require certification from a medical provider of the need to be absent from work which said certification may be required to be renewed at the beginning of each new annual FMLA period. A reasonable period to await certification is 15 calendar days from the request.
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.
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. 2022
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.
Intermittent/reduced leave schedule When it is medically necessary, employees may take FMLA leave intermittently taking leave in separate blocks of time for a single qualifying reason or on a reduced leave schedule reducing the employee's usual weekly or daily work schedule.
For the rolling backwards method, each time an employee requests more FMLA leave, the employer uses that date and measures 12 months back from it. An employee would be eligible for remaining FMLA leave he or she has not used in the preceding 12-month period.
When medically necessary, an intermittent leave may require an employee to take time off in separate periods of time due to a single illness or injury as determined by the health care provider of the individual, rather than one continuous period of time.