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Supervisor on FMLA

denjendenjen 93 Posts
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Are salaried employees tracked different than non-exempt ee? How do I protect his job? He is required to work 45 hours a week at least and be certain that jobs are complete. He is working between 30 and 38 hours. So 45 hours minus whatever he actually works counts towards the 12 weeks. Is it 12 weeks of 45 hours or 12 weeks of 40 hours? Does he have different rules? What else do I need to know?
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  • 6 Comments sorted by Votes Date Added
  • ritaanzritaanz 2,665 Posts
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    Just a guess but the additonal 5 hours, an extra hour each day, is that to cover lunch? Or is he actrually working 45 hours?
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  • denjendenjen 93 Posts
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    The company isn't that specific. salaried people usually don't clock out for lunch, but are expected to have 45 hours on their timecards each week. Are you thinking I should deduct lunch time from missed time? He is here during the lunch hour and always takes one while on the clock. He is gone three mornings a week.
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  • ritaanzritaanz 2,665 Posts
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    I would use the standard 40 hour week. My thinking is this way everyone at the company has the same allotment whether they work 40, 45 or 50 hours. The hours over 40 should not be considered as a bonus for FMLA.
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  • denjendenjen 93 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-08-07 AT 09:12AM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 06-08-07 AT 08:36 AM (CST)[/font]

    What I gather than is that an exempt employee is treated exactly like a non-exempt employee. Can we inforce that he still gets his work done? Same amount of work as before FMLA. How do you justify docking his pay. He is salaried. He is asked to work 45 but because of his condition, he is working more like 35. His job is protected but is the salary?
    The employer wants to enforce "chunk timing". Whatever that mens.
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  • lnelsonlnelson 670 Posts
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    Sounds like he is on intermittent leave and in order for you to track his FMLA hours due to his exempt status I would go by his normal hours worked.

    Example: EE usually comes in M-F 8:00am to 6:00pm
    that would make a 45 hr workweek w/ 1hr lunch.

    Now ee is on approved Intermittent FMLA and comes in at 10:00am to 4:00pm then I would count 4hrs to FMLA IF it is for his serious health issue and according to Dr. request. He would need to provide verification that he is able to work reduced hours from his physician. Unless it is for doctor visits / treatment.

    Also, due to his exempt status you would not be docking his pay if he is coming in everyday just tracking for FMLA purposes only.

    Hope this helps.
    Anyone please correct me if I am wrong.
    Thanks.
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  • joanniejoannie 2,294 Posts
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    >Also, due to his exempt status you would not be
    >docking his pay if he is coming in everyday just
    >tracking for FMLA purposes only.


    That would be correct, unless you have a policy allowing sick leave to be deducted in increments other than full days. If so, you can deduct partial days up to the total number of sick days allowed. After that, you can only deduct for full day absences. I believe this applies for any absence, not just FMLA.

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