FMLA Intermittent

njjel

Two questions please - If a salaried ee is out on regular FMLA, returns to work in 3 weeks and then need to go on intermittent FMLA leave do we need to re-issue FMLA paperwork specifying the leave is intermittent or can we just continue the count from the regular FMLA leave?

Number Two is - If we have a salaried ee on full unpaid FMLA leave (she has no accrued leave time left), can we dock her pay for the time she does not work? She worked 2 hours one day, 4 hours another 6 another etc. We are based in NJ.

LindaS

If her original paperwork addressed intermittent leave and you have already approved it, no need to send out an additional letter. If it did not and you did not, send out another letter approving her intermittent leave based on the medical certification.

#2 - yes, it is legal to "dock" an exempt level (I'm assuming that is what you mean when you say "salaried") employee's wages for time mised under FMLA, including partial days.

njjel

the original letter says an ee may HAVE intermittent leave, but it doesn't designate that particular leave as intermittent.

LindaS

To be on the safe side (always best with FMLA) I would send a letter to her advising her that her intermittent leave will be designated as FMLA (as long ad the medical certification states this is necessary). I would also address any notification requirements she may have. For example, in my FMLA letters it states that EEs are required to contact our company in accordance with our Attendance Policy unless they are physically unable to do so and that failure to make the requisite contact will result in their absence being counted against them. I have also terminated EEs who failed to make the contact as required without any supporting medical documentation.

Good luck!