25 Jun How do I track FMLA leave?
After determining a leave is covered by FMLA, you should begin tracking time against the 12-week entitlement. You’ll track this time in whole-week increments if the need for leave is continuous. Each week missed will be counted as 1/12th of their total entitlement.
If the employee needs intermittent leave, or reduced hours, you’ll need to determine how many hours they are entitled to in total and record the time they miss on an hour-by-hour basis. To do so, you would take the number of hours an employee regularly works in a week and multiply it by 12. For instance, if an employee is regularly scheduled to work 40 hours per week, their 12-week FMLA entitlement would be 480 hours (40 x 12 = 480). If they worked 30 hours per week, their 12-week FMLA entitlement would be 360 hours (30 x 12 = 360). If their hours fluctuate, you should go back twelve months from the start of their leave and calculate their weekly average, then multiply that number by 12.
If an employee is missing time on an intermittent basis that has not been established ahead of time (e.g. they occasionally suffer from migraines versus having a standing appointment for chemotherapy each Tuesday), make sure they know they need to notify you when they are taking time off for an FMLA-qualifying reason. This is necessary so you can track that time (a benefit to you) and treat it as protected (a benefit to the employee).
If an employee says they need to miss more time than is indicated on their current doctor’s certification, you should request updated paperwork to cover additional time missed. Please note: even if you trust this employee, you might not trust the next, and you want to ensure you’re applying the same standards across the board to avoid claims of discrimination—particularly when a disability of some kind is already in play.
Original content by the Mineral Platform. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.