FMLA Intermittant Leave for Exempt Employees

Does taking FMLA Leave intermittantly on a hourly basis (i.e. 2 hours per day for several weeks) for EE serious health condition or EE family member serious health condition disqualify EE from exempt status?

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  • No. An exempt employee's intermittent or reduced FMLA leave for his or her own serious health condition or of a qualified family member who needs "care" or psychological comfort and support by the employee is permitted without affecting the exempt employee's FLSA status. See 29 CFR 825.203 and 825.206.
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