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What Dominik would want to do is to verify the amount of FMLA and CFRA leave that Carissa has available. In Carissa’s case, she has not taken any leave under either regulation throughout the year. As an exempt employee, Dominik will need to confirm with Carissa and her supervisor how many hours a week she normally works and multiply that by twelve that will equal her Normal Work Week.
Dominik will then want to determine what Holidays and planned business closures are occurring during her anticipated leave. This will give him information regarding utilization of FMLA and CFRA during company closures and paid Holidays.
Dominik knows that if Carissa works zero hours in the week that there is a Holiday break or a company closure, then her FMLA or CFRA leave will be designated for the full week. The only time that this will change is if Carissa works any hours during that week of the paid Holiday or company closure. For example, if Carissa works the Monday of Thanksgiving week, but is going to take Tuesday and Wednesday under FMLA, Thursday and Friday will not count towards her FMLA/CFRA hours. On the other hand, if Carissa does not work Monday, Tuesday, or Wednesday of Thanksgiving Break, then the whole week will be considered FMLA/CFRA designation. However, if Carissa was not required to be at work, and there was no work that week for anyone, FMLA/CFRA would not apply. The dol fact sheet, “Time that an employee is not scheduled to report for work may not be counted as FMLA leave.”
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