Using workweek standards for FMLA leave

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

A   When an employee takes FMLA leave for less than a full workweek, the amount of FMLA leave used is determined as a proportion of their actual workweek. In other words, the actual workweek is the basis of leave entitlement.

Accordingly, an employee who regularly works 45 hours per week is entitled to 540 hours of FMLA leave, which is equivalent to 12 weeks based on their actual workweek. You can also see the Department of Labor’s (DOL) Wage and Hour Division (WHD) Fact Sheet #28I.

Joshua D. Kohler is an associate in Holland & Hart’s LLP’s Labor & Employment practice group. Joshua practices out of Holland & Hart’s Denver, Colorado, office and may be reached at jdkohler@hollandhart.com.