Count against FMLA?

FunHRBanker

I'm having a debate with myself and need some guidance. I have an employee who is authorized to work half days. If she takes non-FMLA time off (5 days of vacation), do I have to deduct 5 half days from her FMLA bank?

Thanks!

briansch1

Although State Law also needs to be looked at to see if it is an issue my understanding is that if it is not FMLA time it does not get deducted from the FMLA bank. Intermittent tracking is a headache, but if 5 days are taken for non- FMLA reasons then you would not subtract them from the FMLA bank. I have read some cases in the past where this became an issue as the employee was "deprived" of all of their allotted time. In today's political climate I would definitely error to the side of caution.

FunHRBanker

Our employment law attorney says yes, 5 half days would be deducted from her FMLA bank because she is only authorized to work half days therefore unable to work the other half.

briansch1

Got ya I misunderstood the question. I was thinking they were on intermittent leave for a half day as needed.

bkailiuli

Yes, we would definitely count the half days toward FMLA.