Q: How do I calculate the hours used for reduced schedule Family and Medical Leave Act (FMLA) leave? My employee who is on FMLA leave provided medical certification for a change in schedule from 40 hours per week to 20 hours per week and no more than 6 hours per day. Do I count 20 hours toward FMLA leave each week with the schedule change plus any additional time she calls off for FMLA?
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A: The doctor has recommended a reduced schedule for this employee under the FMLA.
In other words, the employee is still a full-time employee who, due to medical restrictions, is temporarily working on a part-time basis.
Presumably, if she were to reach full recovery from her medical condition tomorrow, then she would resume work on a full-time basis.
The hours that the employee is unable to work due to her doctor-recommended reduced schedule would be leave hours that count against her FMLA entitlement. If, as you note, her normal schedule is a 40-hour work week, then she would still be treated as a 40-hour, full-time employee, but the 20 hours she is unable to work due to her serious health condition would be designated as unpaid leave hours taken under FMLA.
The same would be true for additional time the employee takes off provided that she clearly indicates the additional leave is related to her serious health condition and FMLA leave.
If the employee takes a personal day off for car repairs or an unrelated dental appointment, for example, then this absence could not be counted toward FMLA. Rather, it would be administered according to your company’s standard leave policy.
So, it is important to verify that any additional time off—beyond the 20-hour reduced schedule leave—is accurately identified as FMLA or non-FMLA.
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 Susan Schoenfeld, JD, is a Senior Legal Editor for BLR’s human resources and employment law publications. Ms. Schoenfeld has practiced in the area of employment litigation and counseling, covering topics such as disability discrimination, wrongful discharge, sexual harassment, and general employment discrimination. She has litigated numerous cases before the U.S. Court of Appeals, state court, and at the U.S. Department of Labor.
In addition to litigating employment cases in state and federal court, she provided training and counseling to corporate clients regarding employment-related issues. Prior to entering private practice, Ms. Schoenfeld was an attorney with the Civil Rights Division at the U.S. Department of Labor in Washington, D.C., where she advised federal agencies, drafted regulations, conducted inspector training courses, and litigated cases for the Office of Federal Contract Compliance Programs, the Directorate of Civil Rights, and the Mine Safety and Health Administration. Ms. Schoenfeld received her undergraduate degree, cum laude, with honors, from Union College, and her law degree from the National Law Center at George Washington University.
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Questions? Comments? Contact Susan at sschoenfeld@blr.com for more information on this topic
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