Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and the Yahoo Answers website is now in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
FMLA Hours Available, 48 Hour Week?
I work a rotational schedule for 4 days on 4 days off, it NEVER changes, I work 12 hour days. I am considered full time. My employer wants to consider my available FMLA based on a 40 week, which I do not work. I always work 48 hours, (regularly scheduled) in one 4 day period. Our union CBA, considers a rotational schedule employee's work week to be based on their rotation. My employer tells me I am eligible for 480 hours instead of what I believe should be 48x12= 576 hours. Recently our CBA was ratified and changed the language to read, "eligible for twelve (12) weeks leave calculated consistent with FMLA regulations." I was wondering what the FMLA law would interpret my rotational work week to be considered. I have tried to interpret it myself but the examples, when given in the official text do not relate to my kind of work week at all. Thank you in advance.
1 Answer
- michrLv 78 years agoFavorite Answer
FMLA is 12 weeks (calendar weeks) of UNpaid leave. your schedule is irrelevant unless you are taking intermittent leave.
when intermittent leave is taken the employee receives no more than 40 hours in a week. IF during the rolling 12 months prior to the first day of leave an employee averages working less than 40 hours a week then the employer does NOT have to allow them to use the full 480 hours in intermittent leave.
the link 'Will' was good enough to provide explains how the employer can determine how many intermittent hours of leave may be used by an employee who worked less than 40 hours a week. this is relevant ONLY if intermittent leave is taken....
