[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: 29CFR825.601]



[Page 790-791]

 

                             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 F_What Special Rules Apply to Employees of Schools?

 

Sec.  825.601  What limitations apply to the taking of intermittent leave 

or leave on a reduced leave schedule?



    (a) Leave taken for a period that ends with the school year and 

begins the next semester is leave taken consecutively rather than 

intermittently. The period during the summer vacation when the employee 

would not have been required to report for duty is not counted against 

the employee's FMLA leave entitlement. An instructional employee who is 

on FMLA leave at the end of the school year must be provided with any 

benefits over the summer vacation that employees would normally receive 

if they had been working at the end of the school year.

    (1) If an eligible instructional employee needs intermittent leave 

or leave on a reduced leave schedule to care for a family member, or for 

the employee's own serious health condition, which is foreseeable based 

on planned medical treatment, and the employee would be on leave for 

more than 20 percent of the total number of working days over the period 

the leave would extend, the employer may require the employee to choose 

either to:

    (i) Take leave for a period or periods of a particular duration, not 

greater than the duration of the planned treatment; or

    (ii) Transfer temporarily to an available alternative position for 

which the employee is qualified, which has equivalent pay and benefits 

and which better accommodates recurring periods of leave than does the 

employee's regular position.

    (2) These rules apply only to a leave involving more than 20 percent 

of the working days during the period over which the leave extends. For 

example, if an instructional employee who normally works five days each 

week needs to take two days of FMLA leave per week over a period of 

several weeks, the special rules would apply. Employees taking leave 

which constitutes 20 percent or less of the working days during the 

leave period would not be subject to transfer to an alternative 

position. ``Periods of a particular duration'' means a block, or blocks, 

of time beginning no earlier than the first day for which leave is 

needed and ending no later than the last day on which leave is needed, 

and may include one uninterrupted period of leave.

    (b) If an instructional employee does not give required notice of 

foreseeable FMLA leave (see Sec.  825.302) to be taken intermittently or 

on a reduced leave schedule, the employer may require the employee to 

take leave of a particular duration, or to transfer temporarily to an 

alternative position. Alternatively, the employer may require the 

employee to delay the taking of leave



[[Page 791]]



until the notice provision is met. See Sec.  825.207(h).