intermittent FMLA
maryfmurray
75 Posts
I have an exempt employee that takes two days off a month due to an illness but states they can continue to do most aspects of the job at home. Usually this employee always work very late on the night before the disablement to try to wrap up as many things as possible that can only be done at the office, so to put in extra hours prior to being sick. Usually working at least 4-5 hours on both days, and sometimes working a full or even a longer-than-full day on one of the two days, depending upon how the EE is feeling and what crisis are happening. It's rare that the EE ever takes a full day off because of the disablement, and the EE doesn't submit sick leave for either day, as the EE usually works more than the minimum hours worked required for our pay week. The EE has submitted sick leave for their illness in 27 years with the agency, in the amount to more than 3-4 hours every 5 years or so. Would FMLA still apply here? How do I handle this exempt employee? Help!
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