Paid vs Unpd leave for exempt-non-exempts

dlail

We're drafting FML policy now. Current PTO for all ees includes bereavement, vacation, holidays, which can be applied in 1/2 day increments. For exempts we do not dock or track partial or single day absences other than vacation, bereavement or holiday absences. We have no paid sick days. Our draft specifies WC time off will run concurrently w/ FML and available vacation time must be used concurrently for consecutive FML time exceeding two weeks. Officers have salary continuation benefits with clear specifics on obligations for availability, etc.
The QUESTION: can we provide unpaid FML for hourly ees for all forms of FML leave and then provide paid FML for intermittent/reduced leave for exempts, and unpaid leave for exempts' consecutive leave after a specific period of paid FML leave (like the 1st five days or whatever we establish).

POPEYE

>>The QUESTION: can we provide unpaid FML for hourly ees for all forms
>of FML leave and then provide paid FML for intermittent/reduced leave
>for exempts, and unpaid leave for exempts' consecutive leave after a
>specific period of paid FML leave (like the 1st five days or whatever
>we establish).

Sec 825.206 and 825.207 of the Fed. Regs. should answer your questions. The bottom line is that you need to establish a policy and be consistent with it.
Generally FMLA leave is unpaid, however under certain circumstances FMLA permits an eligible EE to choose to substitute paid leave. If the EE does not choose, the ER may require they use paid leave.

Secure a copy of the Regs. and then after you have spent hours reading and still like the rest of us don't totally understand it, consult with your legal counsel to make sure your policy is compliant.