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That’s an additional problem and is considered a separate infraction, as far as I’m concerned.“Yes, three occurrences of unscheduled absence won’t trigger anything formal at our company in terms of a disciplinary response. The Facts Joan Smith was a manager in the Ethics Department at Genon Energy, a position which required her to investigate alleged ethical violations when they were reported to the Company.During the two-month FMLA leave of absence, Joan claims that Genon required her to perform 20 to 40 hours of work “updating compliance cases, revising a safety review project and dropping off files at the office.” Based on my rough math, that’s anywhere from 3 to 5 hours worked each week during her FMLA leave.

Recently, I have counseled employers who maintain an FMLA year that simply does not meet their business goals.So, let’s briefly re-visit the 12-month periods employers can choose from and then recommend the method most advantageous for employers. The FMLA regulations allow employers to utilize any one of four different methods to calculate the amount of FMLA leave an employee uses within a 12-month period.Per the regulations, an employer may choose any one of the following 12-month periods: Pros and Cons of Choosing a 12-Month Period Employers may select any one of these four counting methods, so long as the method is applied consistently and uniformly for all employees.Clearly, there are pros and cons with each of these four methods.But one method stands out above the rest: the “rolling” 12-month period measured from the date an employee uses any FMLA leave. Methods One and Two The first two methods are materially the same in that they set a fixed point in time by which to start calculating FMLA leave. According to Joan, her supervisor then became hostile toward her and, during Joan’s absence from work, required her to perform much of her regular work.