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Intermittent FMLA and exempt status

Mary Jo 0809Mary Jo 0809 5 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Exempt employee on intermittent FMLA is placed on nonexempt status. For the past three months has been working less than 60 hours a pay period and paid by the hour. For the past two pay periods the employee has been able to work up to 80 hours+ for which overtime was paid.

This last payperiod employee worked two days of 8 hours and went to physical therapy for 1 hour on those days. Employee worked over 40 hours during the same week and requested to be paid for the 1 hour of physical therapy at the overtime rate.

Also, employee was gone for an unrelated illness and worked on Saturday and wanted to be paid PTO in excess of forty hours. (she feels she is entitled to the pay as she is being paid on an hourly basis) We never pay benefits over the assigned FTE.

Thoughts on payment for PT?

Thoughts on payment of PTO in excess of 40 hours?

mjm
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  • 4 Comments sorted by Votes Date Added
  • catladycatlady 9 Posts
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    The regulations allow for you to pay an exempt employee for less than their normal weekly pay in cases like this. I do not think it was necessary to switch the person to non-exemp
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  • Mary Jo 0809Mary Jo 0809 5 Posts
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    We actually did not change to non-exempt status and pay on an intermittent basis depending on hours worked. I am interested in whether you pay for physical therapy treatments. The employee goes to PT on days that she works 8 hours and expects to be paid. mjm
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  • Don DDon D 9,834 Posts
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    You said in your post 'was placed on non-exempt status and paid on an hourly basis'. When you do that, you must pay overtime for hours worked in excess of 40 in a 7 day pay period. Why would you consider the idea of paying the ee while she/he was at physical therapy? You may dock the pay of an exempt ee for any hours of intermittent leave and that would include the hours the ee is at PT.
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  • marcmarc 3,126 Posts
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    I am confused. First, you stated the EE was changed to non-exempt and sited overtime being paid. Then you said, the EE was still exempt. Was time and a half paid?

    Exempt or non-exempt status has to do with the job description, not the person. I beleive you risk much when you arbitrarily change the status of an EE. All EEs with that same job description could make a case that you owe them for past OT wages.

    As to the PTO question, are you saying the EE was off during the regular work week, using PTO, then was called in on Saturday and worked? They want the PTO to be counted as hours worked so that the Saturday time would be 1 1/2 pay?

    OT pay is only for hours worked, not for PTO hours.

    We do not pay the EEs during PT or other medical provider appointments.


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