Exempt Intermittent FMLA
Mary Jo 0809
5 Posts
Exempt employee on intermittent FMLA is placed on nonexempt status. For the past three months has been working less than 60 hours a pay period and paid by the hour. For the past two pay periods the employee has been able to work up to 80 hours+ for which overtime was paid.
This last payperiod employee worked two days of 8 hours and went to physical therapy for 1 hour on those days. Employee worked over 40 hours during the same week and requested to be paid for the 1 hour of physical therapy at the overtime rate.
Also, employee was gone for an unrelated illness and worked on Saturday and wanted to be paid PTO in excess of forty hours. (she feels she is entitled to the pay as she is being paid on an hourly basis) We never pay benefits over the assigned FTE.
Thoughts on payment for PT?
Thoughts on payment of PTO in excess of 40 hours?
Can employee be moved on and off exempt depending on her ability to work?
mjm
This last payperiod employee worked two days of 8 hours and went to physical therapy for 1 hour on those days. Employee worked over 40 hours during the same week and requested to be paid for the 1 hour of physical therapy at the overtime rate.
Also, employee was gone for an unrelated illness and worked on Saturday and wanted to be paid PTO in excess of forty hours. (she feels she is entitled to the pay as she is being paid on an hourly basis) We never pay benefits over the assigned FTE.
Thoughts on payment for PT?
Thoughts on payment of PTO in excess of 40 hours?
Can employee be moved on and off exempt depending on her ability to work?
mjm
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