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For example, if an employee who regularly works a 40 hour week over five days takes one day of FMLA leave per week, he uses up one-fifth of a week of FMLA leave. If an employee who works a 40 hour week over four days takes one day of leave per week, he uses up one-fourth of a week of leave each week.
Family and Medical Leave Act Advisor The 12-month period measured forward from the date any employee's first FMLA leave begins; or. A "rolling" 12-month period measured backward from the date an employee uses any FMLA leave.
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.
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.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
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.
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.
CALCULATION OF LEAVE USAGEThe 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.
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's 12-week FMLA leave can be calculated using the calendar year, any fixed 12-month year, the first day of FMLA leave or a rolling period.