Connecticut Administrative Code › Title 31 - Labor › 51qq - The Family and Medical Leave Act › Section 31-51qq-16 - How does one determine the amount of leave used where an employee takes intermittent leave or reduced schedule leave?

Current through July 10, 2024
(a) If
			 an employee takes leave on an intermittent or reduced schedule, only the amount
			 of leave actually taken may be counted toward the employee's leave entitlement.
			 For example, if an employee who normally works five (5) days a week takes off
			 one (1) day, the employee would use one-fifth (1/5) of a week of FMLA leave.
			 Similarly, if a full-time employee who normally works eight (8)-hour days works
			 four (4)-hour days under a reduced schedule leave, the employee would use
			 one-half (1/2) of a 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 thirty (30) hours per week, works only twenty (20) hours per
			 week under a reduced schedule leave, the employee's ten (10) hours of leave
			 would constitute one-third (1/3) of a week of FMLA leave for each week the
			 employee works the reduced 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 to such an extent that an employer is unable to determine with any
			 certainty how many hours the employee would otherwise have worked but for the
			 taking of FMLA leave, a weekly average of the hours scheduled over the twelve
			 (12) months prior to the beginning of the leave period (including any hours for
			 which the employee took leave of any type) would be used for calculating the
			 employee's leave entitlement. However, where the employee has been employed by
			 an employer for less than twelve (12) months prior to the beginning of the
			 leave period, a weekly average of the hours scheduled over the employee's
			 entire period of employment with the employer (including any hours for which
			 the employee took leave of any type) would be used for calculating the
			 employee's leave entitlement.
(e)
			 If an employee would normally be required to work overtime, but is unable to do
			 so because of an qualifying reason that limits the employee's ability to work
			 overtime, the employer may count the hours which the employee would have been
			 required to work against the employee's FMLA entitlement. In such a case, the
			 employee is using intermittent or reduced schedule leave. For example, if an
			 employee would normally be required to work for forty-eight (48) hours in a
			 particular week, but due to a serious health condition the employee is unable
			 to work more than forty (40) hours that week, the employee would utilize eight
			 (8) hours of FMLA-protected leave out of the forty-eight (48)-hour workweek, or
			 one-sixth (1/6) of a week of FMLA leave.
(f) An employer may not count voluntary
			 overtime hours that an employee does not work due to an qualifying reason
			 against the employee's FMLA leave entitlement.