Magazine article HRMagazine

How Does an Employer-Initiated Schedule Reduction Affect an Employee on Intermittent Family and Medical Leave Act (FMLA) Leave?

Magazine article HRMagazine

How Does an Employer-Initiated Schedule Reduction Affect an Employee on Intermittent Family and Medical Leave Act (FMLA) Leave?

Article excerpt

When an employer is required to reduce an employee's scheduled hours because of a decrease in business, the adminis- tration of FMLA leave for an employee who is using it on an intermittent basis can become complicated. The reduction in hours raises questions regarding the employee's entitlement to leave and how the employer tracks intermittent leave.

Regarding the entitlement to leave, the FMLA regulations provide guidance on calculating the amount of leave available for an employee using time intermittently or on a reduced schedule basis. Employ- ees are entitled to the number of hours equal to their normally scheduled weekly hours multiplied by the 12 weeks of leave allowed by the FMLA. If an employee works a fluctuating schedule, the employer should review the 12 months prior to the beginning of the leave period to obtain a weekly average of hours worked; this can be used to calculate the employee's leave entitlement. There- fore, the number of hours available to an employee on an intermittent leave basis is established at the time the leave begins, and the reduction in work hours doesn't impact the worker's entitlement to leave.

Tracking the leave time that employ- ees take becomes more complicated as well, since the scheduled hours have been reduced. …

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