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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. Employers must track this information.
One of the easiest methods by which an employer can track FMLA leave is to place all employees on a calendar year track. This means that each employee can take 12 weeks of FMLA leave anytime between January and December, and the calculations reset on January 1 of each year.
For example, an employee who regularly works a five-day work week and eight hours a day, is entitled to 480 hours of leave: 12 weeks x 40 hrs/wk. Similarly, an employee who works a four-day week and eight hours each day is entitled to 384 hours of leave: 12 weeks x 32 hrs/wk.
The weekly average is determined by the hours scheduled over the 12 months prior to the beginning of the leave and includes any hours for which the employee took any type of leave. Required overtime hours that are not worked by the employee because of an FMLA-qualifying reason may be counted as FMLA leave.
Working at Home. If an employee who is on FMLA leave works at home during the leave, the hours worked are not counted as hours of leave. Although the employer may not have specifically requested the work, typically these hours are hours the employee has been suffered or permitted to work.
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.
(4) a rolling 12-month period measured backward 12-month period measured backward from the date an employee uses any FMLA leave.
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.
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.
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.