Calculation of Leave when Employee’s Schedule Varies under the FFCRA

If an employee’s schedule varies from week to week, COVID-19-related paid sick leave and FMLA leave will be calculated as follows: 

•   If employed for 6 months: the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes such leave (including hours for which the employee took leave of any type) or; 

•   If not employed for 6 months: the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.

•    If employee is paid commissions, tips or piece rates, the wages will be incorporated into the above calculation. 

•    Overtime hours are to be included as part of the above calculation.   

Contact us to schedule your FREE consultation.

Lázaro Law Group
321 S. Plymouth Ct Suite 1250,
Chicago, IL 60604

Rafael E. Lazaro
Rated by Super Lawyers


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