What is the maximum FMLA leave?
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
Are there limits on how long FMLA can be used?
If an employer accounts for other forms of leave use in increments greater than 1 hour, the employer must account for FMLA leave use in increments no greater than 1 hour. The FMLA regulations allow that an employer may account for FMLA leave in shorter increments than are used for other forms of leave.
Is there an increment for FMLA leave?
However, the increment used for FMLA leave may not be greater than the smallest increment used for any other type of leave during the period in which the FMLA leave is taken. If an employer accounts for other forms of leave use in increments greater than 1 hour, the employer must account for FMLA leave use in increments no greater than 1 hour.
When do you need to apply for FMLA leave?
Employees must comply with their employer’s usual and customary requirements for requesting leave and provide enough information for their employer to reasonably determine whether the FMLA may apply to the leave request. Employees generally must request leave 30 days in advance when the need for leave is foreseeable.
Can a company change the length of FMLA leave?
Such accounting for FMLA leave will not alter the increment considered to be the shortest period used to account for other forms of leave or the use of FMLA leave in other circumstances. In all cases, employees may not be charged FMLA leave for periods during which they are working (20 CFR 825
How often can an employee take FMLA leave?
The employee’s actual workweek is the basis for determining the employee’s FMLA leave entitlement. An employee does not accrue FMLA leave at any particular hourly rate. FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour.
When to use FMLA in the smallest increment?
If an employer uses different increments for different types of leave (for example, accounting for sick leave in 15 minute increments and vacation leave in one day increments), the employer must allow FMLA leave to be used in the smallest increment used for any other type of leave.
When does intermittent leave count as FMLA protected leave?
In a situation where it is physically impossible for an employee using intermittent leave or working a reduced leave schedule to begin or end work mid-way through a shift, the entire period the employee must be absent is designated as FMLA-protected leave and counts against the employee’s FMLA entitlement.
When does not report for Work count as FMLA?
Time that an employee is not scheduled to report for work may not be counted as FMLA leave.