FMLA
cctsphr
27 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 08-22-02 AT 04:52PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 08-22-02 AT 03:20 PM (CST)[/font]
Couple of questions - An individual provides certification for intermittent fmla for a year and the certification states she will be going for surgery at some point - the certification states the employee can work - and the employee does with intermittent time off. Then, the employee goes on "block" fmla for Surgery. Can I require additional fmla paperwork for the block time for the surgery?
Also, if salaried exempt employee presents certification for intermittent leave, it is my understanding that the employer can "dock" the employee for the intermittent leave time without jeopardizing the employee's exempt status. So, I have been advised to convert the salary to hours and pay the individual by the hour to include ot, if it occurs. We pay salaried employees twice a month and hourly employees bi-weekly. Do we convert the salaried employee for the duration of the certified intermittent time or just during those weeks the intermittent leave is used.
Couple of questions - An individual provides certification for intermittent fmla for a year and the certification states she will be going for surgery at some point - the certification states the employee can work - and the employee does with intermittent time off. Then, the employee goes on "block" fmla for Surgery. Can I require additional fmla paperwork for the block time for the surgery?
Also, if salaried exempt employee presents certification for intermittent leave, it is my understanding that the employer can "dock" the employee for the intermittent leave time without jeopardizing the employee's exempt status. So, I have been advised to convert the salary to hours and pay the individual by the hour to include ot, if it occurs. We pay salaried employees twice a month and hourly employees bi-weekly. Do we convert the salaried employee for the duration of the certified intermittent time or just during those weeks the intermittent leave is used.
Comments
What I would suggest is a fitness for duty when she returns from surgery. You can request recertification of a serious medical condition.
"Do we convert the salaried employee for the duration of the certified intermittent time or just during those weeks the intermittent leave is used."
I think your dilemma is purely a question of your company's policy. You are making a policy with the decision to change the salaried's pay schedule. Instead of changing a salaried 2xmonthly to an hourly bi-weekly why not adjust the bi-monthly rate accordingly when intermittent leave is taken. You can convert a monthly salary to a day rate, then adjust the day rate based on the expected or average length of a workday. Or deduct 25% of the day rate for a 1-2 hour absence, 50% for a 3-4 hours, 75% for 5-6 hours? Just a thought!!