• 10 minutes

Increments of FMLA Leave for Intermittent or Reduced Schedule Leave


Not every employee works a 40-hour work week so determining leave isn’t always black and white.

The rules say that employers are required to account for leave using an increment no greater than the shortest period of time the employer uses to account for use of other forms of leave. What does that mean? Using an hourly employee and vacation time as an example, basically, an employer needs to determine what the shortest amount of time that the employee’s time is tracked for vacation. Note that is different from tracking for time worked for pay, but actual leave time. However, that increment can’t be greater than one hour and that an employee’s leave entitlement may not be reduced by more than the amount of leave actually taken. This video reviews the ins and outs of keeping track of the appropriate increment of time as well as how the FMLA interacts with the FLSA.

Runtime: 9 minutes



George J. (Jerry) Oliver

George J. (Jerry) Oliver

Smith Moore Leatherwood LLP

  • Partner in the Raleigh office of Smith Moore Leatherwood LLP
  • Engaged exclusively in representing management in the practice of labor and employment law, and litigates cases in federal and state court, and before administrative agencies
  • Selected as a North Carolina Super Lawyer from 2006 to present by Law and Politics magazine for attaining a high degree of peer recognition and professional achievement
  • Listed in 25th Edition of The Best Lawyers in America
  • Listed in Honors Edition of Chambers Who’s Who Among Executives and Professionals
  • Can be contacted at 919-755-8700 or [email protected]

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