FMLA leave total based on number of hours worked in 12 weeks

Q         An employee whose work hours are based on nine-hour days (45 hours per week) is on parental leave. Would her Family and Medical Leave Act (FMLA) leave end when she reaches 480 hours or 12 weeks (which would be 540 hours based on her normal schedule)?

A   The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. An employee might use FMLA leave for the birth, adoption, or placement of a child; to care for a family member with a serious health condition; for their own serious health condition that affects their ability to work; or if a family member is called to active duty.

According to the Department of Labor (DOL) Wage and Hour Division (WHD) Fact Sheet #28, the employee’s actual workweek is the basis for calculating how much FMLA leave is available. So an eligible employee is entitled to as many hours of FMLA leave within one year as she would normally work in 12 weeks. Therefore, here, she would have up to 540 hours of parental leave because she works 45 hours a week. She doesn’t need to use all of her leave at once, however, because FMLA leave can be taken in smaller time increments such as days or even hours.