Computation of Intermittent Leave

morrisg

Our hourly employees work a variety of work weeks. There are some weeks they work little overtime and others where they work overtime, but not as much. To compute employees on intermittent leave, is there anything I can do other than do a 52 week look back from the start of FMLA, get the average hours worked per week and then multiple that by 12 weeks for the amount of eligible hours.

Geno

morris,

Could you be a good sport and restate your question please?

Geno

marc

Check out 825.205 of the Regulations. It states:

(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.

You don't have to go back an entire year, just the 12 weeks prior.

morrisg

Sorry for getting back so late with you, but your answer was most helpful.

I went back and did a 12 week look back of the hours worked prior to the leave. Several employees worked more than 480 hours. For example one worked 638 hours for the previous 12 weeks, so does mean he is eligible for 680 hours of intermittent leave? It might be 56 hours on average per week, but that still works out to 638 hour over 12 weeks.

pork1

MORRISG: We simply use the attendance controller and when one's intermittent medical hours (FMLA) or days is recorded, we so note the hours used as FMLA hours used in a week. We have to do this because our medical leave policy pays the employee for the time off up to 480 hours at a reduced rate of pay for the FMLA hours. The next hour (over 480) may be "no pay due", but the employee could still be employed. We have never had anyone to go over the 480 hours of intermittent FMLA.

I hope this helps.

PORK