FMLA EXEMPT

I know that with respect to exempt employees and FMLA, we can dock the pay for those who take intermittent FMLA without jeopardizing their exempt status. My question involves an exempt employee who normally works 40 hours per week. When she takes Intermittent FMLA, the department docks her the number of hours she takes. But, they will then call her in on a day off to work and not pay her the time or they may require her to attend a meeting which will last longer than her normal work day. It was suggested that during the intermittent leave of absence period, that we calculate the hourly rate for the employee (based upon the salary) and dock for the number of hours taken for FMLA Intermittent leave. If, as the above example illustrates, the employee is then called in to work, she is paid for the hours worked when called in on the normally scheduled day off. We have no sick leave policy or PTO issues.
What do others do with exempt intermittent leave? Thanks.

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  • We have a salary continuation policy in place for our exempt employees. What this means is an employee who is off for a medical reason, as verified by a health care provider, continues to receive their FULL salary for up to three months. After the initial three months it drops to 60% of their salary for an additional three months. We do not do anything regarding intermittent leave - the employee continues to receive their full salary.
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