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Does my normal scheduled off time count against my FMLA leave?

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Does my normal scheduled off time count against my FMLA leave?

I work 7 on and 7 off schedule. Does the 7 off time count against my FMLA Leave?

Asked on February 11, 2012 under Employment Labor Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First you need to determine if you are eligible for FMLA (you must be a qualifying employee and your employer must be a qualifying employer). If you are under FMLA, the FMLA counts against the time you cannot work. If your schedule is 7 on and 7 off, keep in mind that FMLA does not mean 12 weeks back to back unpaid family medical leave. It means a total of 12 weeks. So, you could do 7  days every other week really be off double that, but again, keep in mind that you need to verify with your personnel department.


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