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When calculating the average number of hours worked in the past 12 months to determine FMLA hours for the current 12 months, I know I only include worked hours, not PTO, holiday or FMLA hours. I gather I don’t include PWFA missed hours as well? But what if those PWFA hours end up causing the employee to be short their 1,250 hours, and now they won’t qualify for FMLA for the next 12 months?

If an employee is injured on the job and on workers’ comp, may we issue an FMLA eligibility notice besides workers’ comp? What is the best practice to handle such situations?

We have an employee on intermittent FMLA for a chronic health condition. They work a second (part-time job) and often call in because that job causes flare-ups in their condition. They discuss this with co-workers, causing resentment. Any suggestions you have as to how this should be handled would be greatly appreciated.

The FMLA obligates employers to let workers know how much leave they have available and what happens when they run out. Failing to inform workers about their rights is FMLA interference. A recent case clarifies that not telling a worker on FMLA leave that they can switch from a solid block of leave to intermittent leave constituted interference.

An employee calls in to report that they will be out sick, but they call in three hours after the start of their shift. The attendance policy states employees must call in at least one hour before the start of their assigned shift. Can they lose attendance points for not providing advance notice?

When can I demand a fitness-for-duty test?

Is an employee allowed to keep their vacation and then take FMLA, or does the employee need to take their hours of vacation first before FMLA?

At least three federal laws provide time off for employees during and following pregnancy—good news for new mothers, bad news for the confusion it causes employers. A recent case highlights how complicated it can become.

Our employee has an intermittent FMLA certification that says they may miss work four times per month, one day per episode. The employee has called out on FMLA for the last 18 weeks, except for one. Can we move the employee to another department, with the same hours and pay, where there are more employees to make it easier to cover the absences?

You mentioned that some employers with workers covered under both the FMLA and the PWFA may need to have their leave tracked under both laws. How exactly do we do that? Is the PWFA leave equal to the 12 weeks/480 hours of FMLA leave?