29 C.F.R. §825.205 - Increments of FMLA leave for intermittent or reduced schedule leave

Cite as29 C.F.R. §825.205
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44 practice notes
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register February 25, 2016
    • February 25, 2016
    ...add to this proposed provision a physical impossibility exception to the 1- hour requirement as exists under the FMLA regulations at 29 CFR 825.205(a)(2). Under such a provision, in situations in which an employee is physically unable to access the worksite after the start of the shift or t......
  • Establishing Paid Sick Leave for Federal Contractors
    • United States
    • Federal Register September 30, 2016
    • September 30, 2016
    ...counted using an increment of no greater than 1 hour. This language was based on FMLA regulations regarding the use of FMLA leave. See 29 CFR 825.205(a). The Department explained in the NPRM that this provision means that if a contractor chooses to waive its increment of leave policy in ord......
  • Hayduk v. City of Johnstown, Civil Action No. 3:2005-294.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • June 30, 2008
    ...period of time that [his] payroll system uses to account for ... use of leave, provided it is one hour or less." 29 C.F.R. §§ 825.203(d), 825.205. The statutory and regulatory schemes of the FMLA suggest that an employee might take twelve medically necessary weeks of intermittent leave per ......
  • Parker v. Sony Pictures Entertainment, Inc., 97 Civ. 264(LAK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 4, 1998
    ...Def. Ex. 15 (letter dated March 21, 1995 from Parker to "Distribution" detailing warehouse incident). 119. 29 U.S.C. § 2612(b)(1); 29 C.F.R. § 825.205(a). 120. See 29 U.S.C. § 121. Administrative interpretations "are given controlling weight unless they are arbitrary, capricious, or manifes......
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36 cases
  • Hayduk v. City of Johnstown, Civil Action No. 3:2005-294.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • June 30, 2008
    ...period of time that [his] payroll system uses to account for ... use of leave, provided it is one hour or less." 29 C.F.R. §§ 825.203(d), 825.205. The statutory and regulatory schemes of the FMLA suggest that an employee might take twelve medically necessary weeks of intermittent leave per ......
  • Parker v. Sony Pictures Entertainment, Inc., 97 Civ. 264(LAK).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 4, 1998
    ...Def. Ex. 15 (letter dated March 21, 1995 from Parker to "Distribution" detailing warehouse incident). 119. 29 U.S.C. § 2612(b)(1); 29 C.F.R. § 825.205(a). 120. See 29 U.S.C. § 121. Administrative interpretations "are given controlling weight unless they are arbitrary, capricious, or manifes......
  • Scalia v. State, 19-35824
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 15, 2021
    ...to which the employee is entitled under subsection (a) beyond the amount of leave actually taken." 29 U.S.C. § 2612(b)(1) ; see also 29 C.F.R. § 825.205(b)(1).2 Against that backdrop, we can turn to the specifics of the Secretary's allegations in this case. The Secretary does not challenge ......
  • Santiago v. Dep't of Transp., Civil No. 3:12cv132 JBA.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • September 25, 2014
    ...require employees to take “more [intermittent] leave than is necessary” and thus employees can take leave in increments of an hour. 29 C.F.R. § 825.205(a). As a result, employees can use their yearly allotment of 12 weeks of FMLA leave to significantly alter their schedules. As the Departme......
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1 books & journal articles
  • Family and medical leave act
    • United States
    • James Publishing Practical Law Books Texas Employment Law. Volume 1 Part V. Discrimination in employment
    • May 5, 2018
    ...the amount of leave actually taken while on intermittent or reduced schedule leave may be charged as FMLA leave. 29 U.S.C. §2612(b)(1); 29 C.F.R. §825.205. For example, an employee who reduces his normal schedule from five days a week to four days a week could only be charged for one-fifth ......

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