Intermittent leave for Exempt EE

ACU Frank

This question is similar to the one Irie just posted, but with a twist:

I have an exempt employee who begins intermittent leave next week. For two weeks, she will be in another state caring for her spouse, who is having a complex medical procedure done. At the same time, her department is undergoing a dfficult software conversion. The employee would like to be able to use VPN a few hours a day to help with the conversion, and we're fine with that. My question is this - since she is exempt, if she works via VPN for a few hours a day do I have to consider it a full day worked?

joannie

Depends. If FMLA policy requires pto tp be used first and pto policy allows partial day deductions, you don't have to pay full day, only for hours worked and balance is deducted from pto. If not, then you pay her for full day. At least that's the way I understand it.

dbutton111

Nope. FMLA is one of the few times when an employer can dock the employees salary. During FMLA intermittent leave the employer is allowed to place an exempt employee in a non-exempt status and dock for hours not worked.

HRQ

I'm not sure what VPN is, so I'm assuming it's some kind of remote access.

If she is on FML, you can dock her salary for hours not worked. This is the only time you can dock an exempt employee's pay for partial days worked.

Myrna Minkoff

If she's taking FMLA, then you may make deductions for intermittent leave time without affecting the exempt nature of her employment or violating the FLSA.

[url]http://www.dol.gov/dol/allcfr/ESA/title_29/Part_825/29CFR825.206.htm[/url]