Exempt employee wants to go off the payroll

makmhic

An employee was injured in a car accident three years ago. Each week this employee could not work a forty hour work week so whenever he went for treatment for his neck injury, he would use his sick time for the portion of the day he was getting medical attention. Now he is completely out of sick time but has plenty of vacation time. The employee wants to go off the payroll whenever he cannot work a full day. He does not want to use his vacation time.

I told him he could only go off the payroll by taking an entire 8 hour day off because of his exempt status. Today, for example, he intends to come in to work in the morning before going for his medical appointment for facet joint injections. If he does not use vacation to make up for the time he'll be out of the office, I don't see how we can dock his pay.

Do any of you have any thoughts on how to handle this situation? Any ideas
would be greatly appreciated. Thank you.

Madeline

HRQ

Forumites - would Intermittent FML apply to this situation? If so, the employee could take partial unpaid days. I'm not sure if this is a "serious health condition" or if ADA applies.

I'm having trouble keeping straight how FMLA/ADA intermingle. Definitely need to attend a training session in the near future.

Nat

HRQ is right. An exempt employee can be docked for a partial day for FMLA purposes without jeopardizing his/her exempt status. Has this person used up their FMLA or are they requalifying each year? Itermittent FMLA may be the way to go. Our policy on "leave without pay" states that the employee must have used up all his/her sick and/or vacation time before they can take leave without pay. Also, be careful when looking at this as ADA. Remember, if the person is treated like they have a diability the they may be covered.

marc

We also require all available sick/vacation time be utilized before any leaves are granted. I agree with the interminttent leave suggestion, and it should be tracked that way. Keep that FML clock ticking for every elligible hour. That can save you from further complications if things do not improve.

makmhic

We are a small non profit organization (26 employees) and therefore not subject to FMLA. We are, however, subject to Maine Family Medical Leave Law (MFMLA). Can we still reduce his pay for the time he misses work for medical appointments? He was out six weeks in June and July that were documented as MFMLA. Should I now tell him that the time he takes off will be applied towards the remaining four weeks of MFMLA? What happens when he is out of MFMLA? Can we continue to reduce his pay? Thank you for your help.