Intermittent FMLA & Exempt Employees

Rockie

Our company designates that FMLA and PTO run concurrently. Am I correct in assuming that we can charge exempt employees for partial days of PTO if they are designated they can only work 1/2 days? Thanks.

awilliams

Rockie, I am a bit confused by your question, so pehaps you could clarify it if this answer doesn't suit you. Under the FMLA, you are able to count exempt employee absences in less than full day increments without losing the exempt status. So, if an exempt employee needs to take a 1/2 day here and there do to FMLA reasons, they can do so. You can also count this 1/2 day against their PTO accrual.

I hope that helps!

Anne Williams
Attorney Editor
Author of FMLA Leave: A Walk Through the Legal Labyrinth

Rockie

Thanks Anne:

That is exactly the answer I needed. We have a situation where the exempt employee states that she does not want to use her PTO for being out with an unexpected operation. She states if she has to do this, she "will come back before the doctor tells her she can". Of course, the doctor has to furnish a release before she can come back. She then stated she will work half days as she can't be charged half day leave. I thought FMLA was an exception to this, but just wanted to clarify.