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For example, 12 weeks of FMLA for an employee who works five-day workweeks equals 60 days. If an employee normally works 40 hours per week with occasional exceptions, that's 480 hours of FMLA leave.
The FMLA gives employers four ways to count the 12-month period (also called the "leave year") for FMLA purposes. Employers may use the calendar year.Some employers use a third method called "counting forward." In this system, the 12-month period officially begins on the first day an employee takes FMLA leave.
A. Under the regulations, an employer should request medical certification, in most cases, at the time an employee gives notice of the need for leave or within five business days. If the leave is unforeseen, the employer should request medical certification within five days after the leave begins.
The DOL provides a model Designation Notice (Form WH-382) that can be used to notify the employee whether his or her FMLA request has been approved or denied.
The amount of FMLA leave taken is divided by the number of hours the employee would have worked if the employee had not taken leave of any kind (including FMLA leave) to determine the proportion of the FMLA workweek used.
Calendar year. Another fixed 12-month period (business year, etc.) The 12 months measured forward from when an employee first takes leave, or. A rolling 12-month period measured backward from the date an employee uses any FMLA leave.
Federal Department of Labor regulations require an employee be incapacitated for three full consecutive days before the employee's "serious health condition" invokes the protection of the FMLA leave.
Under the ''rolling'' 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months. Example 1: Michael requests three weeks of FMLA leave to begin on July 31st.