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FMLA and Makeup TIme - Ca

MaryBMaryB 15 Posts
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We have a manager that has allowed a n/e employee to make up time for mental health appointments that are classified under FMLA thus negating the FMLA tracking of the time. I've never seen any language under CFRA about make-up time and FMLA. Any others with practices that are similar?
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  • pork1pork1 1,054 Posts
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    MARY B: Yours is the first, that I have read on this situation; my thoughts go back to our approval letter. In the letter are words that take the relationship for supervising the FMLA time loss ee under the responsibilitioes of the Director of Human Resources. The FMLA employee and supervisor are informed in all events (I would put this situation in that category) to report the issues and discuss the issues with this Director of HR.

    The manager/supervisor is in the wrong if he/she has been informed that this employee is welcome to visit members and the even work within the physician's limitation. Intermittent time is taken accordingly, it is a non-paid time unless the employee chooses to use a vacation or sick day/hours, as may be appropriate. I would seek his record of time he allowed to be made up and not recorded as FMLA. I would document that an issue a letter of instruction for the future to both the employee and the supervisor.

    My thoughts only, we have not had that opportunity to excell come up!

    PORK
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  • lnelsonlnelson 670 Posts
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    I agree with Pork1 -
    Once on FMLA you cannot count the time the sup has allowed the ee to make up for the lost time as FMLA.

    As Pork said I would put a stop to this and issue the correct procedures regarding intermittent leave to both the sup and ee.
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  • mushroomHRmushroomHR 583 Posts
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    We had a discussion about this in '03. See my original post "tracking intermittent hours" dated 10/23/03.
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  • Don DDon D 9,834 Posts
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    Aside from the issue of who controls the tracking and administration of FMLA, you also might have another issue, depending on when the time is made up. If, for example, the time is missed in one work week, and made up in another, but not compensated, what you have is an illegal (under FLSA) practice in place. If he misses and hour on Friday for a medical appointment and the next week works an extra hour and you wipe the slate clean, you have failed to pay him one hour overtime in the second week.

    If, however, he misses an hour and makes up the hour in the same period, that is perfectly legal since you are at liberty to jockey your hours around any way you wish within the same pay period.
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  • pork1pork1 1,054 Posts
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    Again, Don is right on the money and more importantly the thoughts and issues addressed here, to me, is top priority. Does the supv even realize or know the rules on swapping times within a published work week?

    PORK
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  • MaryBMaryB 15 Posts
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    The Human Resources Manager is allowing for the make up of time in the same week - not the following. My concern is that it erases the FMLA time tracking if the time is made up and negates the tracking of burning the time. Obviously it is made up because she is out of vacation/sick to compensate for the loss of time.

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  • marcmarc 3,126 Posts
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    We allow the time to be made up in the same pay period and do not count it against the FML allotment. It is at the discretion of the supervisor. If the position is such that the work, appointments, meetings, etc can be made up without impact the job or our service to our clients, then so-be-it.
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  • Don DDon D 9,834 Posts
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    It's my thought that even though the HR office may know that the time will be made up and no time will be charged to FMLA, the company still should go through the whole nine yards of application, certification and approval. You never know when the 'make up' arrangement might fall through and tracking might be necessary. But, it is NOT chargeable in the case of makeup within the same work week.
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  • Gillian3Gillian3 913 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 04-21-05 AT 11:51AM (CST)[/font][br][br]I missed this one. The make up time in not just an FMLA issue. If you are a private sector employer in Ca. daily overtime applies - time and a half over 8 hours - no exception for FMLA.
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