Comments on: Answers to tricky HR questions: Getting FMLA notification, and figuring out who’s exempt http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: Sue http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-9602 Sue Thu, 28 May 2009 19:02:50 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-9602 I am an expempt employee, and I sometimes use intermitent FMLA- sometimes for only partial workdays. But I don't want to use any time I have built up to cover that time. Am I able to make up the time missed, if I want to? I understand my employer can't make me, but if I want to so I can keep those few hours of sick/vacation time on the books for later, can I chose to make up that time? Not sure if this is a FLSA issue or FMLA??? I am an expempt employee, and I sometimes use intermitent FMLA- sometimes for only partial workdays. But I don’t want to use any time I have built up to cover that time. Am I able to make up the time missed, if I want to? I understand my employer can’t make me, but if I want to so I can keep those few hours of sick/vacation time on the books for later, can I chose to make up that time?

Not sure if this is a FLSA issue or FMLA???

]]> By: Gary http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-8838 Gary Wed, 13 May 2009 20:25:27 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-8838 I work for a government employer. I have a wife with an eligible disability and have filed FMLA paperwork with my employers HR department. Legally what can my employer request from me if and when I take time off for my wife under the FMLA? Can they request additional documents from her doctor, or even inquire to any details of her conditon when I take time off and advise them it is FMLA leave? I work for a government employer. I have a wife with an eligible disability and have filed FMLA paperwork with my employers HR department. Legally what can my employer request from me if and when I take time off for my wife under the FMLA? Can they request additional documents from her doctor, or even inquire to any details of her conditon when I take time off and advise them it is FMLA leave?

]]> By: Natalie http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-2004 Natalie Wed, 29 Oct 2008 19:29:21 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-2004 If an employee says that he /or she may need to be "pulled out of work" due to a serious ailment (the employee uses intermittent FMLA), what are the proper steps in order to verify this with the employee's physician(s) if the employee is not able to perform his or her job duties? If an employee says that he /or she may need to be “pulled out of work” due to a serious ailment (the employee uses intermittent FMLA), what are the proper steps in order to verify this with the employee’s physician(s) if the employee is not able to perform his or her job duties?

]]> By: Pam http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-1424 Pam Thu, 18 Sep 2008 18:01:17 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-1424 Janice, Vacation time only has to be used toward FMLA if an employee is eligible for it at the time of leave. You can force them to use the vacation ONLY if your policy allows employees to use vacation before they are eligible. For example, if your employees are entitled to vacation after working for 6 months, but you allow them to use some time in the 4th month, then you are able to retroactively "take" their vacation for the FML time off. If your company, under no circumstances, allows employees to use vacation time before they are eligible, then you must allow them to keep their vacation in this case. As Sam Narisi says above, it would otherwise be considered FML "retaliation". Janice,
Vacation time only has to be used toward FMLA if an employee is eligible for it at the time of leave. You can force them to use the vacation ONLY if your policy allows employees to use vacation before they are eligible. For example, if your employees are entitled to vacation after working for 6 months, but you allow them to use some time in the 4th month, then you are able to retroactively “take” their vacation for the FML time off. If your company, under no circumstances, allows employees to use vacation time before they are eligible, then you must allow them to keep their vacation in this case. As Sam Narisi says above, it would otherwise be considered FML “retaliation”.

]]> By: Janice http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-585 Janice Thu, 31 Jul 2008 15:23:59 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-585 I have an employee who was took FMLA for 12 weeks to take care of his wife that was going through treatments. At the time he was not entitled to vacation time. He has since became qualified for vacation time of 2 weeks. Is the company required to honor his vacation time he just qualified for or can we use the vacation time to deduct time loss under FMLA. We stipulate on the FMLA papers that vacation time has to be used toward FMLA. I have an employee who was took FMLA for 12 weeks to take care of his wife that was going through treatments. At the time he was not entitled to vacation time. He has since became qualified for vacation time of 2 weeks. Is the company required to honor his vacation time he just qualified for or can we use the vacation time to deduct time loss under FMLA. We stipulate on the FMLA papers that vacation time has to be used toward FMLA.

]]> By: Karen http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-332 Karen Fri, 20 Jun 2008 20:58:13 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-332 Have an employee who was granted intermittent FMLA (up to 4 days a month). However, she also has used up most of her PTO and will probably have no time left in a month or so. Two questions; she is in a leadership role and all of her absences are having an effect on the business area she supports. Can she be moved to a lesser role given she is not meeting the minimum requirements? And, can an employee who is on FMLA (intermittent) be terminated for abuses to the attendance policy? Have an employee who was granted intermittent FMLA (up to 4 days a month). However, she also has used up most of her PTO and will probably have no time left in a month or so. Two questions; she is in a leadership role and all of her absences are having an effect on the business area she supports. Can she be moved to a lesser role given she is not meeting the minimum requirements? And, can an employee who is on FMLA (intermittent) be terminated for abuses to the attendance policy?

]]> By: Debbie http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-331 Debbie Fri, 20 Jun 2008 13:53:37 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-331 I received his extension for medical and has now gone from STD to LTD. How long will we need to keep his position open for? I received his extension for medical and has now gone from STD to LTD. How long will we need to keep his position open for?

]]> By: Sam Narisi http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-330 Sam Narisi Fri, 20 Jun 2008 13:00:53 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-330 Debra, I believe that would depend on your practice of letting people take vacation time before they've "earned" it. One thing to make of is that you don't treat this employee differently than people who have taken time off for other reasons - that might look like FMLA "retaliation." Sam Narisi Debra,

I believe that would depend on your practice of letting people take vacation time before they’ve “earned” it. One thing to make of is that you don’t treat this employee differently than people who have taken time off for other reasons – that might look like FMLA “retaliation.”

Sam Narisi

]]> By: Sam Narisi http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-327 Sam Narisi Fri, 20 Jun 2008 12:40:11 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-327 Deb, There are some exceptions, but generally you can't deduct a half day of pay from an exempt employee. Sam Narisi Editor HRLegalNews.com Deb,

There are some exceptions, but generally you can’t deduct a half day of pay from an exempt employee.

Sam Narisi
Editor
HRLegalNews.com

]]> By: Deb http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/comment-page-1/#comment-312 Deb Wed, 18 Jun 2008 15:09:14 +0000 http://www.hrlegalnews.com/answers-to-tricky-hr-questions-getting-fmla-notification-and-figuring-out-who%e2%80%99s-exempt/#comment-312 Q>The company I work for wants to deduct 4 hours from exempt employees personal time allotment when they take 1/2 days off for personal reasons. According to the DOL, an exempt employee can only have whole days deducted. What is appropriate? A.Companies are allowed to deduct paid time off banks in whatever increments they want. It’s only the exempt employee’s salary that has to be deducted in whole-day increments. Q. But what if the exempt employee does not have any leave available and they reduce the employees pay by 1/2 day ? Q>The company I work for wants to deduct 4 hours from exempt employees personal time allotment when they take 1/2 days off for personal reasons. According to the DOL, an exempt employee can only have whole days deducted. What is appropriate?

A.Companies are allowed to deduct paid time off banks in whatever increments they want. It’s only the exempt employee’s salary that has to be deducted in whole-day increments.

Q. But what if the exempt employee does not have any leave available and they reduce the employees pay by 1/2 day ?

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