Calculating time and FMLA regulations

Weekly and yearly calculations under FMLA guidelines

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Time Calculations are at the core of FMLA regulations

• FMLA leave is 12 weeks per year

• FMLA eligibility and time calculations– 12 months of service with the company in the

last 7 years– 1250 hours of service to the company(both paid

and unpaid) in the past 12 months

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FMLA RegulationsYearly Time Calculations

Fixed 12 months

• The calendar year for FMLA leave is measured as 365 days from the start of work/employee anniversary or defined date

• If the employee started work on 11-01-2009, one fixed 12 month year would be up on 11-01-2010

• The Federal government would count a year from October 1, 2009 to September 30, 2010

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FMLA RegulationsYearly Time Calculations

Calendar Year

• Calendar year for FMLA leave is measured as January 1 to December 31

• Most US companies use this as their fiscal calendar

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FMLA RegulationsYearly Time Calculations

“ Measured Forward”

• FMLA leave in “measured forward calculations” starts from the date an employee first uses FMLA leave.

• If an employee starts FMLA leave on 6-1-09, the company would see if the employee had worked for 1,250 hours and 12 months in the past 7 years prior to 6-1-09

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FMLA RegulationsYearly Time Calculations“ Measured Backward”

• Measures the FMLA eligibility year from the date the returns from FMLA leave

• Example: an employee comes back from FMLA leave on 6-1-09 and they used up their 12 weeks of leave, now they have to work up to 6-1-10 before they're entitled to another 12 weeks of FMLA leave.

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Be consistent and equal

• Employers can use any of the four methods

• Employers must use the same method for all employees and it must be applied uniformly and consistently

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What time counts and what doesn’t count in FMLA regulations

• Holidays are included in the yearly calculation• Long-term shut downs don’t count for the 1 year

eligibility calculation or for the 12 weeks of leave– A pool that shuts down from October 1 to April 1

would not have to count the 6 months closure towards the 1 year eligibility calculation

– The time between October 1 to April 1 would also not count towards the employee’s 12 weeks of FMLA leave

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How many hours in a week for each of the 12 weeks of FMLA leave?

• Determine the gross number of hours worked in the previous 12 months

• Divide the total number of hours by 52 weeks• The answer will give you the number of hours of

FMLA leave per week• Example: 2500 hours worked per year divided by

52 weeks equals 48 hours of FMLA leave per week

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How to count hours worked?

• Paid and unpaid hours worked count towards the 1,250 hours

• The hours have to be in the service of the company– Vacation and holiday hours counts– Military service counts under FMLA regulations– Discipline/Suspension time does not count– Unpaid time counts(i.e. show up 15 minutes early to

make coffee and open office four days per week equals 1 hour per week and 52 extra hours per year)

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The Rapid Learning Institute