Employers are reminded that, under the Family and Medical Leave Act (FMLA), employers and exempt employees must “agree on the employee’s normal schedule or average hours worked each week” to determine FMLA entitlement, and to create a “written record” of the agreement.
From 29 C.F.R. § 825.500(f)(2) of the Family and Medical Leave Act: “With respect to employees who take FMLA leave intermittently or on a reduced leave schedule, the employer and employee agree on the employee’s normal schedule or average hours worked each week and reduce their agreement to a written record maintained in accordance with paragraph (b) of this section.”
Employers must be ready to provide the documentation to the Department of Labor, should it be requested. For more information, please click here.