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Exempt employee on FMLA intermittent leave

TomGTomG 5 Posts
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If a pregnant employee is put on intermittent leave (reduced hours) can we legally pay her for time worked without violating the FLSA? She has indicated that her OBGYN wants her to work half days; although,as of now, we do not have any medical documentation. Just trying to be prepared, just in case. Has anyone experienced this and if so what did you do?
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  • Margaret MorfordMargaret Morford 1,143 Posts
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    I am assuming that this employee is exempt. Intermittent FMLA is one of the permitted exceptions to the Wage and Hour requirement not to reduce an exempt's pay for hours worked. You'd be fine in paying her for hours worked so long as she is on intermittent FMLA only! As far as making up the pay out of her vacation, sick or PTO bank, treat this person like any other person who has to go to half days for medical reasons.

    Margaret Morford
    theHRedge
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