[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.205]

[Page 809]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
 Subpart B_What Leave Is an Employee Entitled to Take Under the Family 
                         and Medical Leave Act?
 
Sec. 825.205  How does one determine the amount of leave used where an 
employee takes leave intermittently or on a reduced leave schedule?

    (a) If an employee takes leave on an intermittent or reduced leave 
schedule, only the amount of leave actually taken may be counted toward 
the 12 weeks of leave to which an employee is entitled. For example, if 
an employee who normally works five days a week takes off one day, the 
employee would use 1/5 of a week of FMLA leave. Similarly, if a full-
time employee who normally works 8-hour days works 4-hour days under a 
reduced leave schedule, the employee would use 1/2 week of FMLA leave 
each week.
    (b) Where an employee normally works a part-time schedule or 
variable hours, the amount of leave to which an employee is entitled is 
determined on a pro rata or proportional basis by comparing the new 
schedule with the employee's normal schedule. For example, if an 
employee who normally works 30 hours per week works only 20 hours a week 
under a reduced leave schedule, the employee's ten hours of leave would 
constitute one-third of a week of FMLA leave for each week the employee 
works the reduced leave schedule.
    (c) If an employer has made a permanent or long-term change in the 
employee's schedule (for reasons other than FMLA, and prior to the 
notice of need for FMLA leave), the hours worked under the new schedule 
are to be used for making this calculation.
    (d) If an employee's schedule varies from week to week, a weekly 
average of the hours worked over the 12 weeks prior to the beginning of 
the leave period would be used for calculating the employee's normal 
workweek.