FMLA Exempt

We have an exempt employee who qualifies for FMLA and will need minimal time. Looking back on former posts, I see that we can dock for partial days. This exempt employee works many hours over her normal 7.5 hours per day regularly. If I send the notification letter that she is eligible, will we still track the initial time away or is it a mute point since she will be making up the time?


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  • Just because you CAN dock her doesn't mean you have to. Unfortunately, what you do for her you must do for others to avoid discrimination claims. We do not dock exempt employees for partial days FMLA. If you work, you get paid.

    I would look at your history for how this has been done in the past. If this is a first, then you can decide now how it should go. If you pay, and then find it is being abused, you can always change your policy later.

    Good luck!

  • Thank you, Nae. I appreciate your responding. I believe we have one other case as this and I will be sure to check how it was handled.
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