PDO and FMLA

I have not seen this question before, so I hope someone out there knows the answer.

I have an employee who is on intermittant FMLA (she is expecting in September). This employee was warned about taking too much time off last November, so we want to be extra careful about how we are handling this.

We allow employees who need to take time off the ability to come in early or work late to make up the time and not use thier PDO bank. This is all provided a supervisor will be willing and available to be here too and the workload is sufficiently heavy.

Last week our FMLA employee took 2-1/2 hours to go see her doctor. She made up 1/4 hour the day before. So, she has used 2-1/4 hours of her PDO bank. Can we still charge her 2-1/2 hours for FMLA, or do we have to match the 2-1/4 hours?

Our written employee policies do not address this and it has never come up before.

What say you forumite gurus?

Comments

  • 4 Comments sorted by Votes Date Added
  • In your scenario, you could only count as FMLA the actual time she did not make up or pre-work the day before. What you've effectively done is to rearrange her work schedule (perhaps at her whim) so that she doesn't have to take FMLA, so far.
  • I was afraid you were going to tell me that. It is going to be along 9 months.

    Thanks for your help Don.
  • I guess it depends upon your goal...if she's making up time and getting the work done...then she's using the system that you've built into your company to benefit both the company and herself at the moment.

    If you're trying to get her to use up as much leave time as possible now so that she'll have a less time after the baby is born...then you need to look at revising your policies to prevent this in the future.
  • That's right. And the out NaeNae may need is found in her sentence where she mentions 'if the workload is sufficient and a supervisor is willing to be on hand' or something to that effect. It would be easy enough to tell her that the arrangement isn't working out and is discontinued and time off is time off on FMLA. The company has no obligation at all to 'accommodate' and it's doing that.
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