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  1. #1
    Join Date
    Aug 2009
    Posts
    2

    Default FMLA - Exempt Employee

    My question involves labor and employment law for the state of: OH. My husband had a stroke in May. Company rules state that I must take paid sick & vacation, but that I can save up to 5 days vacation. I saved a little short of 40 hours to use if I need time off for my own dr appts or illness. I signed up for FMLA after I used my sick and vacation.

    My mgr has been letting me make up time off as needed. Example: I take 10 hours off for my spouse, make up 5, and report 5 as unpaid FMLA. I don't have a problem with this. Now she is saying that if I take 10 ours off for my spouse and make up 5 that I must report 10 hours FMLA, 5 of it unpaid.

    Is this the way the law/rule is written?

    Thanks. MJ

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA - Exempt Employee

    Not exactly.

    It is legal for them to require that you use your sick and vacation leave as part of your FMLA. If they've been allowing you to only claim the unpaid part as FMLA up to now, they've been more lenient than the law requires them to be. It would be absolutely legal, if you took 10 hours for your husband's care and 5 hours of it was taken out of your vacation, for that to be considered 10 hours of FMLA.

    But if you make up the time, as in, you work an additional 5 hours during the week, I don't believe that can be considered part of your FMLA time.

    Mlane? LawResearcherMissy? Your thoughts?

  3. #3
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: FMLA - Exempt Employee

    If what I am reading is right, I agree with you cbg. The OP can make all the time she wants to for pay purposes, but if the OP is using 10 hours under the guise of FMLA, then it is 10 hours, not 5.

  4. #4
    Join Date
    Aug 2009
    Posts
    2

    Default Re: FMLA - Exempt Employee

    Quote Quoting mlane58
    View Post
    If what I am reading is right, I agree with you cbg. The OP can make all the time she wants to for pay purposes, but if the OP is using 10 hours under the guise of FMLA, then it is 10 hours, not 5.
    Thanks cbg and mlane. That was my opinion also. I don't have a problem with reporting 10 hours as FMLA. I do, however, have a problem having my pay docked for 5 hours if I've worked 50 hours that week.

    MJ

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