People Processes

How should intermittent FMLA leave be calculated when an employee moves from full- to part-time status? Issue: Six months ago, one of your full-time employees (working 40 hours per week) was granted intermittent leave under the Family and Medical Leave Act (FMLA). He has taken three weeks (or 120 hours) of leave. Last month, he transferred to a part-time position, working 20 hours per week, and he continues to need FMLA leave. How should you calculate the intermittent leave? Should it be based on his former full-time hours or his current part-time hours? Answer: Under the FMLA regulations, if an employer has made a permanent or long-term change in the employee’s schedule (for reasons other than the FMLA and prior to the notice of need of FMLA leave), the hours worked under the new schedule are to be used for making this calculation. In this situation, the employee has nine weeks of FMLA leave remaining in his FMLA year. Going forward, you should use his part-time schedule to calculate any intermittent FMLA