Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-20 - Increments of FMLA leave for intermittent or reduced schedule leave (29 CFR Section 825.205)

Current through July 10, 2024
(a)
Minimum
			 increment
.
(1) When an employee takes
			 FMLA leave on an intermittent or reduced leave schedule basis, the employer
			 shall account for the leave using an increment no greater than the shortest
			 period of time that the employer uses to account for use of other forms of
			 leave provided that it is not greater than one hour and provided further that
			 an employee's FMLA leave entitlement may not be reduced by more than the amount
			 of leave actually taken. An employer may not require an employee to take more
			 leave than is necessary to address the circumstances that precipitated the need
			 for the leave, provided that the leave is counted using the shortest increment
			 of leave used to account for any other type of leave. If an employer uses
			 different increments to account for different types of leave, the employer
			 shall account for FMLA leave in the smallest increment used to account for any
			 other type of leave. For example, if an employer accounts for the use of annual
			 leave in increments of one hour and the use of sick leave in increments of
			 one-half hour, then FMLA leave use shall be accounted for using increments no
			 larger than one-half hour. If an employer accounts for use of leave in varying
			 increments at different times of the day or shift, the employer may also
			 account for FMLA leave in varying increments, provided that the increment used
			 for FMLA leave is no 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 one
			 hour, the employer shall account for FMLA leave use in increments no greater
			 than one hour. An employer may account for FMLA leave in shorter increments
			 than used for other forms of leave. For example, an employer that accounts for
			 other forms of leave in one hour increments may account for FMLA leave in a
			 shorter increment when the employee arrives at work several minutes late, and
			 the employer wants the employee to begin work immediately. 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.
(2) Where it is physically impossible for an
			 employee using intermittent leave or working a reduced leave schedule to
			 commence or end work mid-way through a shift, such as where a flight attendant
			 or a railroad conductor is scheduled to work aboard an airplane or train, or a
			 laboratory employee is unable to enter or leave a sealed "clean room" during a
			 certain period of time and no equivalent position is available, the entire
			 period that the employee is forced to be absent is designated as FMLA leave and
			 counts against the employee's FMLA entitlement. The period of the physical
			 impossibility is limited to the period during which the employer is unable to
			 permit the employee to work prior to a period of FMLA leave or return the
			 employee to the same or equivalent position due to the physical impossibility
			 after a period of FMLA leave.