(a) If an employee takes leave on an intermittent or reduced leave
schedule, only the amount of leave actually taken may be counted toward
the 12 weeks of leave to which an employee is entitled. For example, if
an employee who normally works five days a week takes off one day, the
employee would use 1/5 of a week of FMLA leave. Similarly, if a full-
time employee who normally works 8-hour days works 4-hour days under a
reduced leave schedule, the employee would use 1/2 week of FMLA leave
each week.
(b) Where an employee normally works a part-time schedule or
variable hours, the amount of leave to which an employee is entitled is
determined on a pro rata or proportional basis by comparing the new
schedule with the employee's normal schedule. For example, if an
employee who normally works 30 hours per week works only 20 hours a week
under a reduced leave schedule, the employee's ten hours of leave would
constitute one-third of a week of FMLA leave for each week the employee
works the reduced leave schedule.
(c) If an employer has made a permanent or long-term change in the
employee's schedule (for reasons other than FMLA, and prior to the
notice of need for FMLA leave), the hours worked under the new schedule
are to be used for making this calculation.
(d) If an employee's schedule varies from week to week, a weekly
average of the hours worked over the 12 weeks prior to the beginning of
the leave period would be used for calculating the employee's normal
workweek.
