According to provision 29 CFR 825.205 (b)(3), we see that “if an employee’s schedule varied from week to week to such an extent that an employer is unable to determine with any certainty how many hours the employee would otherwise have worked (but for the taking of FMLA leave), a weekly average of the hours scheduled over the 12 months prior to the beginning of the leave period (including any hours for which the employee took leave of any type) would be used for calculating the employee’s leave entitlement.”

When calculating the weekly utilization for an employee, you should look at what they are intended to work. For example, if they were scheduled for three (3) workdays this week and took one (1) FMLA day, they would have used one-third of their weekly entitlement.