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.   

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

Rafael E. Lazaro
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