Q. We have an exempt administrative employee who is on intermittent FMLA leave. She’s unable to work on Fridays for two or three hours due to a serious health condition. By policy, she must use any accrued sick leave when she is out sick, typically in whole-day increments. Can we charge her sick time in hourly intervals because she is utilizing FMLA intermittent leave even if we charge her in larger blocks when she is just plain sick? — T.T., North Carolina
A. Yes. Typically, deductions from an employee’s salary in increments of less than a full day jeopardize his or her exempt status under the FLSA because it begins to treat that employee like an hourly worker. The FMLA regulations, however, specifically permit employers to make deductions from an exempt employee’s salary for any hours taken during a workweek as intermittent or reduced-schedule leave without affecting the employee’s exempt status.
In other words, an employee will remain exempt even if an employer makes deductions from the employee’s salary for unpaid intermittent or reduced-schedule leave.
How well do you understand the legal complexities in the new FMLA regulations? Test your expertise with these questions:
The good news: You can get answers to these questions and more in our new half-day interactive webinar, FMLA Advanced Training.
- Which of these people are covered by the FMLA? a) The spouse of a regular armed forces member. b) The child of an employee who has just received notice of active duty. c) The parent of a member of the National Guard. d) All of the above.
- Under the new regs, what should your reaction be when an employee wants to discuss FMLA?
- What now qualifies as "sufficient" notice of their FMLA rights?
- How long of an absence is too long when a missing employee reappears and claims FMLA protection?
- Will "Tweeting" the rights and responsibilities notice stand up in court?
Best of all, you'll be learning from the attorney who literally wrote the book on FMLA compliance, Matthew Effland, Esq. As a free bonus for attending, you'll receive a copy of his newly updated book, The FMLA Compliance Guide: Practical Advice on Managing Family and Medical Leave.
Register now for the FMLA Advanced Training webinar!
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Beware: 1 racist boss may cause class-action
- Manager's Checkup: Are you a trustworthy leader?
- 'Gender expression' now protected in N.J.; check dress code
- Terminating for attendance? Don't make FMLA a factor