#Work week hour calculator full

The weekly average is determined by the hours scheduled over the 12 months prior to the beginning of the leave and includes any hours for which the employee took any type of leave. When an employee’s schedule varies so much that the employer is unable to determine how many hours the employee would have worked during the week the employee takes FMLA leave, the employer may use a weekly average to calculate the employee’s FMLA leave entitlement.

#Work week hour calculator full

However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.

When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. If an employer temporarily stops business activity and employees are not expected to report for work for one or more weeks (e.g., a school that closes two weeks for the winter holiday, or a plant that closes for a week for repairs), the days the employer’s business activities have stopped do not count against the worker’s FMLA leave. Time that an employee is not scheduled to report for work may not be counted as FMLA leave. An employer may convert the FMLA leave usage into hours so long as it fairly reflects the employee’s actual workweek. For example, an employee who normally works 30 hours a week but works only 20 hours in a week because of FMLA leave would use one-third of a week of FMLA leave. The amount of FMLA leave taken is divided by the number of hours the employee would have worked if the employee had not taken leave of any kind (including FMLA leave) to determine the proportion of the FMLA workweek used. Where an employee takes FMLA leave for less than a full workweek, the amount of FMLA leave used is determined as a proportion of the employee’s actual workweek. Only the amount of leave actually taken may be counted against an employee’s FMLA leave entitlement. An employer may always allow FMLA leave in shorter increments than used for other forms of leave but no work may be performed during any period of time counted as FMLA leave. Similarly, if an employer allows for use of leave in different increments during specific times of the day (for example, requiring a one hour increment of leave at the start of the shift and using 15 minutes increments for leave at other times), the employer may use the same increment for FMLA leave at those specific times of the day.

If an employer uses different increments for different types of leave (for example, accounting for sick leave in 15 minute increments and vacation leave in one day increments), the employer must allow FMLA leave to be used in the smallest increment used for any other type of leave. The employer must allow employees to use FMLA leave in the smallest increment of time the employer allows for the use of other forms of leave, as long as it is no more than one hour. An employee does not accrue FMLA leave at any particular hourly rate.įMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour. The employee’s actual workweek is the basis for determining the employee’s FMLA leave entitlement. FMLA LEAVE ENTITLEMENT AND INCREMENTS OF LEAVEĪn employee is entitled to up to 12 workweeks of FMLA leave for most qualifying reasons or up to 26 workweeks of FMLA leave for military caregiver leave. See Fact Sheet 28J,Special Rules for Airline Flight Crew Employees under the FMLA. Note: Special rules apply to the calculation of leave entitlement and increments of leave for airline flight crew employees. See Fact Sheet 28: Family and Medical Leave Act and Fact Sheet 28M: The Military Leave Provisions under the FMLA, for more information.

This fact sheet explains how an employee’s FMLA leave entitlement and usage is determined. The Family and Medical Leave Act (FMLA) entitles eligible employees who work for covered employers to take unpaid, job-protected leave for specified family and medical reasons.