Legal Question in Employment Law in Pennsylvania

FMLA hours

I have aFMLA leave at work that my boss has referred to as an intermittent leave. Earlier this yaer i had to ask for a medical leave for surgery since my sick time had been exhausted. They now tell me that I have used up my FMLA hours. Is there aset amount of hours? Are these not two different leaves? My intermittent is for migraines.


Asked on 8/23/06, 8:16 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: FMLA hours

You asked a general question about the Family Medical Leave Act.

The FMLA has left much to the discretion of employers. This includes how time is used and accounted. As long as employers set reasonable policies ahead of time and enforce them fairly then they are able to set policy as they wish within the parameters of the law. An employer can set policy as to how time can be used. Generally FMLA allows for 12 weeks of unpaid leave in a 12 month period, some employers have established that period as a calendar year and others have a rolling 12 month period. Employers may also require that leave be taken in reasonable blocks such as only in 1 day increments. In other words, one would be able to take 12 weeks of leave in one day increments so long as they realize that any partial day would count as a full day of FLMA leave.

Regards,

Roger Traversa

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Answered on 8/24/06, 1:30 am


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