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intermittent leaves
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we have a staff whose work duty has been modified to 5 hrs/day due to a work comp injury. She is regularly scheduled to work 7 hrs/day. since reduced hours from work comp injury can be counted against
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intermittent leaves
posted at 12/16/2009 11:04 AM EST
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
we have a staff whose work duty has been modified to 5 hrs/day due to a work comp injury. She is regularly scheduled to work 7 hrs/day. since reduced hours from work comp injury can be counted against available FMLA, my question is how would you calculate the actual time off for this staff. She will be on modified duty for 5 weeks (with holidays in between). Should i just calculate her hours missed and convert it into days to count against 60 days of FMLA (i.e. 5 week * 10 hrs). any help would be appreciated |
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intermittent leaves
posted at 12/17/2009 6:13 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
How to calculate:
Calculation of leave. (1) When an employee takes leave on an intermittent or reduced leave schedule, only the amount of leave actually taken may be counted toward the employee's leave entitlement. The actual workweek is the basis of leave entitlement. Therefore, if an employee who would otherwise work 40 hours a week takes off 8 hours, the employee would use \\1/5\\ of a week of FMLA leave. Similarly, if a full-time employee who would otherwise work 8-hour days works 4-hour days under a reduced leave schedule, the employee would use \\1/2\\ week of FMLA leave. Where an employee works a part-time schedule or variable hours, the amount of FMLA leave that an employee uses is determined on a pro rata or proportional basis. For example, if an employee who would otherwise work 30 hours per week, but works only 20 hours a week under a reduced leave schedule, the employee's ten hours of leave would constitute one-third (\\1/3\\) of a week of FMLA leave for each week the employee works the reduced leave schedule. An employer may convert these fractions to their hourly equivalent so long as the conversion equitably reflects the employee's total normally scheduled hours." http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.205.htm So each week for her would cost 2hours times 5 days divided by her 35 hour normal week...or 10/35ths of a week. But you can't count holidays...see quote below. Here's how to handle the holidays: "For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect; the week is counted as a week of FMLA leave. However, if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee's FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. " http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.200.htm You would want to make sure you don't subtract more than he/she actually takes: "When an employee takes FMLA leave on an intermittent or reduced leave schedule basis, the employer must account for the leave using an increment no greater than the shortest period of time that the employer uses to account for use of other forms of leave provided that it is not greater than one hour and provided further that an employee's FMLA leave entitlement may not be reduced by more than the amount of leave actually taken." http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.205.htm Hope this helps! |
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