How to Calculate Family Medical and Leave Act Leave Time Used

Calculating Family Medical Leave Act (FMLA) leave time used can be difficult. When you add in factors like mandatory overtime and mid-shift starts, calculations become extremely difficult. Here's a few quick and simple steps to determine

Steps

  1. Image titled Calculate Family Medical and Leave Act Leave Time Used Step 1
    1
    Determine the baseline hours worked prior to FMLA leave
    • This a weekly average of hours that were scheduled over the 12-month period prior to beginning FMLA leave
    • The weekly average of hours is the total number of hours work in the prior twelve months divided by 52
  2. Image titled Calculate Family Medical and Leave Act Leave Time Used Step 2
    2
    Ask if they are using the leave as a block or as intermittent FMLA leave
    • If there using the leave as a block, you're okay. As the week is a full block and there is no need for partial time accounting. If there using the leave as intermittent FMLA, then the baseline will let you know how much of the "average week" that they used.
  3. Image titled Calculate Family Medical and Leave Act Leave Time Used Step 3
    3
    Calculate the time used per week
  4. Image titled Calculate Family Medical and Leave Act Leave Time Used Step 4
    4
    Subtract the FMLA leave time used from the 12 weeks of FMLA leave

Tips

  • Keep accurate time records
  • Only count overtime hours towards FMLA leave if the overtime is mandatory
  • Baseline hours include the prior twelve months of time worked to determine the average week
  • The "average week" is measured in hours. For example, 5 days worked at 10 hours per day equals a 50 hour work week

Warnings

  • Use the prior 12 months to calculate the time worked in an "average" week

Article Info

Categories: Business | Legal Matters