P Checklist Duration of Leave
For All Employees Requesting Leave:
o I confirmed that my company’s method for defining the FMLA leave year is in
writing, in our FMLA leave policy.
o If our company has not yet defined its leave year or has decided to change
methods of defining the leave year, I either
o provided all employees with notice of this change at least 60 days before
they requested leave, or
o gave employees the benefit of whichever leave year calculation method
provided them with the most leave.
o I calculated the FMLA leave time available to the employee requesting leave
according to my company’s leave-year method.
o I recorded all FMLA leave the employee has taken, but I have not included the
following types of time off as FMLA leave:
o time the employee actually spent working
o time taken off for the company’s convenience, and
o weeks during which the company was shut down.
For Employees Requesting Intermittent or Reduced-Schedule Leave
o I determined that the employee’s requested intermittent or reduced-schedule
leave is medically necessary.
o I determined that the employee is able to perform the essential functions of his
or her job.
o If the employee works the same number of hours each week, I used that
schedule to calculate the FMLA leave available to the employee.
P Checklist Duration of Leave, continued
o If the employee’s hours are irregular, I calculated the average hours worked per
week by the employee requesting FMLA leave, and
o I have a written agreement of the average workweek signed by the employee,
o I calculated the pro rata time off that the employee is entitled to under the
o If the employee is exempt from overtime, the employee and I reached an
agreement as to the employee’s average weekly hours, and
o I have the employee’s sign-off on this average.
o I included all mandatory overtime hours in the workweek hours of the
employee requesting FMLA leave.