110 STAT. 4348 CONCURRENT RESOLUTIONS—APR. 16, 1996 (i) Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or (ii) Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position. (2) These rules apply only to a leave involving more than 20 percent of the working days during the period over which the leave extends. For example, if an instructional employee who normally works five days each week needs to take two days of FMLA leave per week over a period of several weeks, the special rules would apply. Employees taking leave which constitutes 20 percent or less of the working days during the leave period would not be subject to transfer to an alternative gosition. "Periods of a particular duration" means a block, or locks, of time beginning no earlier than the first day for which leave is needed and ending no later than the last day on which leave is needed, and may include one uninterrupted period of leave. (b) If an instructional employee does not give required notice of foreseeable FMLA leave (see §825.302) to be taken intermittently or on a reduced leave schedule, the employing office may require the employee to take leave of a particular duration, or to transfer temporarily to an alternative position. Alternatively, the employing office may require the employee to delay the taking of leave until the notice provision is met. See § 825.207(h). §825.602 What limitations apply to the taking of leave near the end of an academic term? (a) There are also different rules for instructional employees who begin leave more than five weeks before the end of a term, less than five weeks before the end of a term, and less than three weeks before the end of a term. Regular rules apply except in circumstances when: (1) An instructional employee begins leave more than five weeks before the end of a term. The employing office may require the employee to continue taking leave until the end of the term if— (i) the leave will last at least three weeks, and (ii) the employee would return to work during the three-week period before the end of the term. (2) The employee begins leave for a purpose other than the employee's own serious health condition during the fiveweek period before the end of a term. The employing office may require the employee to continue taking leave until the end of the term if— (i) the leave will last more than two weeks, and (ii) the employee would return to work during the two-week period before the end of the term. (3) The employee begins leave for a purpose other than the employee's own serious health condition during the threeweek period before the end of a term, and the leave will last more than five working days. The employing office may require the employee to continue taking leave until the end of the term.
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