counting time for FMLA leave

[VeronicaLodge]

What is the name of your state? TN

hey guys, not sure if this is the right employment law forum, this is a FMLA question.

someone is eligible for their 12 weeks of FMLA and are currently using it. they do not regularly work 40 hours a week, so do you count the 12 weeks by hours or by weeks? if its by hours, they are already out of time but if its by weeks they still have until the rest of this week. does this make sense?

thanks so much!

 

[cbg]

I know what you mean but I'm not 100% certain of the answer - let me check a couple of things if no one else posts back first. I think I know but I don't want to steer you wrong if I'm remembering something incorrectly.

 

[VeronicaLodge]

Thank you CBG, I anxiously await your answer. Although I'm not sure how the person that is asking me this question is counting the hours anyway.

Lets say this employee regularly works 36 hours a week. and has been out 11 weeks (will be 12 end of this week). the person asking me the question is saying if you count by hours the person is out of time but not by weeks. even if you were counting by hours, wouldn't you say this person has 12x36 hours coming and then when they are out and you start ticking off hours or weeks, she would have used 11x36 so far and then going into this week and thus the 12 weeks or the 12x36 hours would be up at the same time anyway? I'm not sure how this is being calculated, guess I should figure that out first.

Plus, it probably really doesn't matter since this person who is out probably won't even be back this week anyway (she tried for short term dis and was denied), thus her time will be up either way, either hourly or weekly. *shrug*

 

[cbg]

Here ya go.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.205.htm

 

[VeronicaLodge]

thanks chica!