Making Up Intermittent Time

Insurance Mgr IN · March 2003

An employee requests to leave one hour early for doctor's treatments on a regular basis. If he works through his lunch to make up the time missed, can the time at the doctor's office count as intermittent FMLA time? Though he would have worked the same number of hours that day, they are not his regularly scheduled workday. I also have concerns about allowing this practice and creating a monster.

Any insight you can share will be appreciated!

Rockie · March 2003

Just my opinion. If he doesn't take the time, I don't see how it could count as FMLA. The question is whether you should allow him to do this? I'd say if you did allow this employee to do this, can every employee be afforded the same opportunity to make up time? If not, I wouldn't allow him to do it. The second question is - if you allow him to do this, is this productive time, or is he just simply taking up space in order to avoid taking FMLA? (You had mentioned this is not his normal hours of work).

I don't think you would be violating the law as much as you have to be concerned about setting a precedent.

LindaS · March 2003

At the company I work for, we have a "Flex Time" policy for all non-exempt employees (exempt employees do not need this policy due to their exempt status). The way is works is the employees are allowed to "flex" for doctors or dentists as often as necessary with their supervisor's permission. For situations that require numerous dr.'s appts., we would ask for something to verify this need (not necessarily an FMLA form). They are also allowed to flex for no reason once per week with their supervisor's approval. They must make up the time in that day (due to the union contract) and it cannot result in overtime. Employees who miss work for appts. and utilize flextime are not charged FMLA time. They are only charged if they DON'T use it.

If the employee isn't missing time (they are making it up before they leave), I wouldn't think you can charge them FMLA.

Just my opinion.

Insurance Mgr IN · March 2003

Thanks, I appreciate your responses, Rockie and Linda!

jimlegal · March 2003

Like LindaS our policy allows for "Flex Time" with the supervisors approval, must not cause overtime and must be completed within the same week as the appointment, NO carrier over time. Hope this helps.

HRPeg · March 2003

There is nothing in FMLA that allows for making up time. Even if they make it up,it can be charged against their 12 week allowance. They just have to be allowed to take their FMLA leave (they have to be able to go for treatments and they cannot be held against them) if it qualifies and is certified.

Making Up Intermittent Time

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