Exempt Person and FMLA

Rockie

We have an exempt employee who is trying to work the system. She presented a doctors certificate that said she would have to be out this entire week (26-30) for an FMLA covered illness. I sent her the standard FMLA letter to put her on intermittent leave. She shows up for work today to "check her emails and phone messages and if I don't feel well, I will do back home."

Our policy states if an exempt employee works any part of a day, they are not docked PTO for the day. She is completely out of PTO so, if she works any part of a week, then we have to pay her for the week. BUT.....FMLA gives us an exception to this, correct? I feel we have already sent her the letter so we are covered docking her pay for intermittent FMLA. This is an ongoing medical problem that is ultimately going to lead to her being out on surgery.

This is probably the only exempt person we have that tries to work the system to her benefit.

njjel

Couple of things. Since she is out more than three days I would not have classified it as intermittant leave, especially since you never know but what it could extend into another week. Additionally, do you have a policy that states employees on disability leave of absence are not permitted to attend work (or for that matter any social functions sponsored by the company)? If not it's a good idea. As far as paying her, she is out on FMLA leave. I would not pay her in this case.

Don D

right on njjel.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 08-28-02 AT 02:09PM (CST)[/font][p]If she is out under FMLA due to her own serious health condition for the one week, you don't have the unilateral ability to place her on "reduced FMLA leave." The law clearly gives that control to the employee and the doctor WITHOUT employer ability to deny it.

bsa

Rockie, I am definitely not an expert, but I think you are correct that FMLA allows you to dock the pay of an exempt employee while they are using FML; especially since you designated it at intermittent leave. Because your policy says that exempts will not be docked PTO if they work any part of the day, I would consider paying her for that day only. (In my world, that would be a good thing, since I would have a paycheck to deduct insurance from!)