Personnel Policy Service, Inc.        Human Resources Policies, Company Manuals, Newsletters, HR Policies, Training, & Articles
           HR Policy & Compliance Experts Since 1972
· Affirmative Action
· Sexual Harassment
· Wage and Hour
  More topics? Click here.

Free HR Policy Download Center

* Attendance

* Behavior of Employees

* COBRA Requirements

* Dress Code

* Drugs/Narcotics/Alcohol

* Employee Classification

* FLSA Compliance

* FMLA Checklist

* Workplace Smoking

* Holiday

* Internet/Email Communication

* Layoff and Recall

* Military Leave

* Pay Procedures

* Rest Breaks

* Sexual Harassment


Free Weekly Newsletter
▪ Quick Read
▪ Policy Guidelines
▪ Free HR Policy download

First Name:

Last Name:


Click here for a sample.
We respect your privacy.
  Contact Us


 FMLA Intermittent Leave and Workweek Calculation Q&A

How much leave are employees really entitled to under the FMLA if they
are using the leave a day at a time, or just a few hours at a time?
^^^^^^^^^^^^^^  From Your HR E-Tips Editors: Free Special Downloads  ^^^^^^^^^^^^^^^^^
Take advantage of these complimentary Model Policies mentioned in
this week's E-Tips:

Put these carefully researched materials to work in your organization.

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
THIS WEEK'S E-TIP: FMLA Intermittent Leave and Workweek Calculation Q&A

Q: We understand that the FMLA allows employees to take up to 12
workweeks of FMLA leave. But how many days, or hours, of leave can
an employee take? We are trying to calculate how much time off an
employee should receive when taking leave on an intermittent or
reduced work schedule basis.

A: The Family and Medical Leave Act (FMLA) requires covered
employers to provide up to 12 workweeks of leave to eligible employees
for various family and medical reasons. The law and its implementing
regulations do not specifically define what is a workweek. However, the
FMLA regulations, particularly those discussing intermittent and reduced
work schedule leave, provide some clues as to how an employee's
workweek should be calculated.

The regulations define the workweek according to the individual
employee's actual time spent working, not based on a 7-day week or a
24-hour day. So, in 29 C.F.R. §825.205, the regulations indicate "if an
employee who normally works five days a week takes off one day, the
employee would use one-fifth of a week of FMLA leave. Similarly, if a
full-time employee who normally works 8-hour days then works 4-hour days
under a reduced leave schedule, the employee would use one-half week
of FMLA leave each week."

Likewise, in addressing part-time employees, the regulations in section
825.205 state "Where an employee normally works a part-time schedule
or variable hours, the amount of leave to which an employee is entitled is
determined on a pro rata or proportional basis by comparing the new
schedule with the employee's normal schedule. For example, if an
employee who normally works 30 hours per week works only 20 hours a
week under a reduced leave schedule, the employee's ten hours of leave
would constitute one-third of a week of FMLA leave for each week the
employee works the reduced leave schedule."

A 2002 Department of Labor Wage and Hour Division opinion letter
supports this position. In that letter (FMLA 2002-1, dated May 9, 2002),
the DOL points out that if an employee normally works a 50-hour
workweek, the employee's statutory entitlement is 600 hours (50 x 12 =
600) and is not capped at or restricted to 12 weeks times the normal 40-
hour workweek. Thus, the DOL's focus is always on the employee's
"normal" workweek (hours/days per week) prior to the start of FMLA
leave as the controlling factor for determining how much leave an
employee is entitled to use.

If the employee takes leave in full-day increments, your calculation is
relatively simple if the employee works 5 days a week. For example, if
the employee needs to take one day a week to seek medical treatment
for 20 weeks, the employee would use just one-third of his FMLA time.
(One day a week equals one-fifth of the employee's week, so 20 weeks
using one-fifth of a week totals 4 weeks of FMLA leave, leaving the
employee with 8 more weeks leave.) However, if the employee in the
example normally works 6 days a week, then you must calculate the
leave taken based on one-sixth of a week of leave.

If the employee requests FMLA leave for less than a full day a week, it
may be easiest to determine how much leave he uses by determining
how many hours the employee normally works a week. So, if the
employee normally works 50 hours a week, he would be entitled to a
total of 600 hours of FMLA leave (50 x 12 = 600). If he needs just five
hours a week for five weeks to care for a seriously ill parent, he would
use a total of 25 hours of FMLA and would have an additional 575 hours
available (600 – 25 = 575). Alternatively, using the same example, if he
works only 35 hours a week, he would be entitled to just 420 hours of
FMLA leave total (12 x 35 = 420), leaving him with 395 hours of leave
(420 – 25 = 395).

^^^^^^^^^^^^^^^^^^^^^ From Your HR Matters E-Tips Editors ^^^^^^^^^^^^^^^^^^^^^

Personnel Policy Manual Service
Policy Writing – HR Best Practices – Legal Compliance Support

Learn more. To take advantage of our special discount offer and try this  time-saving guide without risk or obligation for 30 days,

Click here to try the Personnel Policy Manual Service

Request a free trial now
Subscribers to the Personnel Policy Manual and HR Policy Answers on
CD can find more information on the FMLA and intermittent and reduced
work schedule leaves in Leaves of Absence, Chapter 703, note 36.

If you don't have the manual, but would like to order a trial review, go to:

Or just give us a call toll-free at 1-800-437-3735.

^^^^^^^^^^^^^^^^^^^^^^^^ HR Policy & Compliance Resources ^^^^^^^^^^^^^^^^

Buy and download individual HR Policies for immediate use in your
organization. Get complete policy development kits: Model Policy
language, Management Rationale background information, and
References for Legal Counsel documentation.


Information provided in HR Matters E-Tips is researched and reviewed
by the HR experts at Personnel Policy Service as well as employment
law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.


Interested in using an article from HR Matters E-Tips on your Web site or
in a newsletter?

Please contact Robin Thomas, Managing Editor of Personnel Policy
Service, Inc., to request permission. You can contact her by email at or by telephone at 1-800-437-3735.

Please note that the information in every issue of HR Matters E-Tips is
the original, copyrighted work of Personnel Policy Service, Inc., and is
protected under U.S. copyright laws. As such, you may not reprint or
publish in any format any article or portion of article from HR Matters E-
Tips without the express permission of Personnel Policy Service, Inc.

Remember, too, we encourage you to pass along any issue of the E-Tips
by forwarding it to friends and colleagues.


A note to advertisers:

Do you want to reach the human resources market?
Your message can be seen by over 55,000 HR professionals when you
sponsor an issue of HR Matters E-Tips.
Contact Elise Whitman at
or call toll-free 1-800-437-3735.

HR Matters E-Tips is a f-r-e-e service of Personnel Policy Service, Inc.
To subscribe, go to:

Personnel Policy Service, Inc. All Rights Reserved.
HR Matters is a registered trademark of:
Personnel Policy Service, Inc.
159 St. Matthews Ave., Suite 5, Louisville, KY 40222
Tel: 1-800-437-3735 - Fax: 1-800-755-7011 - - -


FORWARD THIS ISSUE: We invite you to forward HR Matters E-Tips to
a colleague or friend.




Easy Employee Handbook & HR Policies

Do You manage Key Employee Issues? Use our topic list below to easily locate the right HR policy product.

* Absence
* Benefits
* Conduct
* Employment
* Pay Practices

* Personnel Responsibilities
* Reimbursement
* Work Areas
* Miscellaneous

Get your employee handbook Now!


Policy Writing & Decision Making Kits

Attendance and Punctuality
Short-Term Absences
Leaves of Absence
Rest Breaks
Meal Breaks
Disclosure of Benefits
Lunch Facilities
Educational Assistance
Employee Counseling
Recognition Awards
Company Products
Athletics and Recreation
Behavior of Employees
Appearance of Employees
Finances of Employees
Customer Relations
Use of Communications
Conflicts of Interest
Disciplinary Procedure
Drugs, Narcotics, Alcohol
Equal Employment Opportunity
Sexual Harassment
Employment Agreements
Orientation and Training
Medical Procedures
Serious Diseases
Introductory Period
Hours of Work
Outside Employment
Employee Classifications
Layoff and Recall
Personnel Records
Community Participation
Suggestion Program
Dispute Resolution
Pay Practices
Salary Administration
Performance Appraisals
Severance Pay
Job Evaluation
Pay Procedures
Personnel Responsibilities
Model Cover
President’s Letter
Functions of this Manual
Employee Supervision
Personnel Manager
Employer-Employee Relations
Automobile Usage
Business Entertaining
Meal Reimbursement
Clubs and Civic Organizations
Trade and Professional Associations
Work Areas
Employee Safety
Maintenance of Work Areas
Personal Property
Special Reports
2004 FLSA Regulations: Understanding the Issues

To see complete table of contents, click on the policy.


Compliance Ezine Articles | Personnel Policy Manual | HR Answerline | HR Matters newsletter | HR Policy Answers on CD
Instant HR Policies - Easy to Create Employee Handbook | Management & Compliance  Tips| Human Resource Management Articles | Links