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FMLA Texas -- amount available Texas

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  • FMLA Texas -- amount available Texas

    New one for me.....
    Employee is currently fulltime (40 hours per week) and just informed her manager she is pregnant and due in November. So she would get 12 weeks of FMLA since she meets the hours/service requirement.
    She is wanting to go part-time (20 hours per week) to attend classes (nothing to do with the medical issue of pregnancy) while on intermittent FMLA before going out on maternity leave/FMLA.

    My thought is that I would calculate each workweek what portion of her regular workweek she missed (either x divided by 40 or 20 once she switched) and track the fractions during each week rather than trying to figure out total hours available in the beginning and subtracting from that (which is what I have done in the past)

    Since the schedule change is NOT related to FMLA, I can't count those reduced hours against her although I know I can refuse the schedule change if we wanted to due to business needs.

    Anyone see any holes in my process? In the past, we haven't had a schedule change during FMLA that wasn't related to the medical issue itself.

    thanks!

  • #2
    Why is she going to be on intermittent FML?

    Comment


    • #3
      For doctor's visits, medical tests, etc. Not for any known medical issue beyond the actual pregnancy and all that entails.

      Comment


      • #4
        12 weeks, is 12 weeks, is 12 weeks. If she is only scheduled for 20 hours a week and takes a day off, assuming she works 5, 4-hour days, if she takes one day off, that is 1/5th of a week. If she takes an entire week off, even if it is the now 20 hour weeks she is scheduled for, it counts as 1 week of FMLA. She doesn't get to tae 24 weeks off because she went PT (unless you wish to grant that amount of time for other reasons).

        What I do is take the regular schedule, in this case 20 hours a week, and figure out the total number of hours of FMLA the employee is entitled to. In this case, it would be 240. Starting with the first instance of FMLA, start subtracting hours.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Originally posted by ElleMD View Post

          What I do is take the regular schedule, in this case 20 hours a week, and figure out the total number of hours of FMLA the employee is entitled to. In this case, it would be 240. Starting with the first instance of FMLA, start subtracting hours.
          Thanks! That's what I normally do, but what is throwing me is the change in schedule during the leave period. So I think I will just do the calculation each week as a fraction of each week based on the regular schedule for that week...rather than figure total # of hours.

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          • #6
            If the leave will be taken across the time when the employee is scheduled for both 40 and then 20 hours, that is how I would handle it as well.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment

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