[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.205]



[Page 762]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

 Subpart B_What Leave Is an Employee Entitled To Take Under the Family 

                         and Medical Leave Act?

 

Sec.  825.205  How does one determine the amount of leave used where an 

employee takes leave intermittently or on a reduced leave schedule?



    (a) If an employee takes leave on an intermittent or reduced leave 

schedule, only the amount of leave actually taken may be counted toward 

the 12 weeks of leave to which an employee is entitled. For example, if 

an employee who normally works five days a week takes off one day, the 

employee would use 1/5 of a week of FMLA leave. Similarly, if a full-

time employee who normally works 8-hour days works 4-hour days under a 

reduced leave schedule, the employee would use 1/2 week of FMLA leave 

each week.

    (b) 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.

    (c) If an employer has made a permanent or long-term change in the 

employee's schedule (for reasons other than FMLA, and prior to the 

notice of need for FMLA leave), the hours worked under the new schedule 

are to be used for making this calculation.

    (d) If an employee's schedule varies from week to week, a weekly 

average of the hours worked over the 12 weeks prior to the beginning of 

the leave period would be used for calculating the employee's normal 

workweek.