Legal Question in Medical Leave in Tennessee

How many days are counted in a week for FMLA 5 or 7

I work 5/dys for 40hrs. I was out on FMLA from June 11th thru July 11th returning on 12th. Should the FMLA dys be counted as 31 (employers counted Sat & Sun, also) or 21 actual days missed? They told me they had to count 7dys it was the law. Everything I have seen on FMLA is if you wk 5 dys and miss 1 it is 1/5. The formula my employers use is 12x7=84.Is this the federal formula or just my employers because of production areas that normally work 7 dys? I understand if I was scheduled on the wknd to use the 2 dys to keep from getting points (the production area was working 7 dys but I'm in the office and my dept wasn't at this time). I'm scheduled for surgery Aug. 2nd and may be off wrk 6 wks. Would this be 42dys or 30? This all started in May and I have already used days(which have counted Sat & Sun) against my FMLA. I am at the risk of being over the 12wks because of weekends. HELP!!


Asked on 7/25/04, 5:42 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: How many days are counted in a week for FMLA 5 or 7

The law is fairly clear that FMLA provides for missed work days to be covered. This would mean that your means of counting is correct. However, the FMLA has been subject to a number of judicial revisions. If you would like to consult with an attorney in regards to this matter, please do not hesitate to contact us at [email protected].

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Answered on 7/26/04, 12:55 pm


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