FMLA

HUNTER · June 2002

One of our employees is on intermittent leave to care for ill family member. The employee is required to miss 3 to 4 hrs each week. We are allowing the employee to make-up the missed time so that he still gets his 40 hours (this is the employees request, we are not forcing him to make-up the missed time).

My question; is the time missed counted as FMLA?

Thanks

Don D · June 2002

Sounds like to me you've restructured the job to allow flexible hours. If this is the case, I don't know that FMLA is an issue. Interesting?

Helena · June 2002

Since the employee is making up the missed time and by law we cannot encourage
discourage or solicit the use of make-up time, and the employee is
non-exempt, I would not count it against FMLA. Of course, if the employee
is unable to make-up some of that time, then those hours would count
against FMLA.

Don D · June 2002

Where does the idea that we 'can't encourage, discourage or solicit' an employee to make up missed time come from? Sounds like to me it's a simple give and take discussion of a flexible work hours situation.

vivian · June 2002

Since the employee has worked 40 hours, technically, no time has been missed - therefore, no charge against FML. It is a good thing that the employee has the intermittent paperwork completed just in case . . . You sound like a very employee friendly company - remember to be consistent.

FMLA

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