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Human Resources

We are less than 50 employees so only have to comply with FMLA as it has been modified by the FFCRA. We had many employees take family leave due to COVID-19 related school/daycare closures in March-May and we made the decision to allow intermittent leave. I am anticipating these same people will be in a similar situation this fall. If they have already been on family leave but did not use the entire 12 weeks allowed, do we need to allow them to resume leave up to the full 12 weeks if they need it because their children can’t return to school in the fall?

Yes, the EFMLA intermittent leave works just like regular FMLA.

Example 1:

Pat normally works 38 hours per week. To find the total # of hours Pat has available over 12 weeks we multiply 38 x 12 = 456 hours. When Pat takes intermittent leave the employer will reduce the hour bank of EFMLA.

Example 2:

Pat has taken 30 hours of EFMLA and now need consistent weeks off to care for a child with no school or day care availability. The original entitlement was 456 hours and Pat has used 30 hours leaving a balance of 426 hour. To find the number of weeks still available to Pat use this formula: 426 / 38 hours in a normal workweek = 11.21 weeks still available. To find the .21 hourly equivalent, do this: 38 x .21 = 7.98 hours. Round that number to 8 and Pat’s remaining EFMLA entitlement = 11 weeks and 8 hours.

We can check this math by adding back all of the used and unused time. We remember that Pat works an average of 38 hours / week.

11 weeks + (30 hours + 8 hours) = 11 weeks + 1 week = 12 weeks.

Tag: EFMLA  FFCRA FMLA

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