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February 24, 2023

Employees Can Use FMLA Leave to Work Reduced Hours

The U.S. Department of Labor Wage and Hour Division issued an Opinion Letter on February 9, 2023 pertaining to the indefinite use of FMLA leave.  DOL opined that an eligible employee with a chronic health condition can use FMLA leave indefinitely to work fewer hours than scheduled if the employee does not exhaust the FMLA leave entitlement.  For example, an employee who regularly works 50 hours each week would have an FMLA leave entitlement of 12 work-weeks or 600 hours in a 12-month period.

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