The management of FMLA`s intermittent leave faces many challenges for employers, including the issue of compensation for exempt workers who receive this leave. Since FMLA leave is generally not paid, but self-employed workers are entitled to their wages regardless of working time, what if an exempt worker takes a temporary FMLA leave? “If neither the payslip nor the letter of offer confirms the hourly rate, you really need to have an interview with the employee about the hourly rate you want to apply, justify determining that hourly rate, and you must indicate this in a written agreement at the time of your employee`s scheduled period for this intermittent or reduced leave program. , to clearly know what the effect of compensation will be. I recommend Alexis. Under the Family Leave and Medical Leave Act, workers have the right to take temporary leave to cope with a serious health condition. Intermittent holidays can be in stages of only one hour. The employer must keep records of the amount of temporary leave and whether the worker has reached the 12-week right of the FMLA. But what if the employer does not keep a record of the time it has done? How many hours does an FMLA work week represent for employees who are exempt from the overtime and time recording requirements of the Fair Labor Standards Act? A: You and the exempt staff member will generally be expected to obtain written agreement on the employee`s normal schedule or on the average weekly working time. This agreement would form the basis for determining the worker`s right to FMLA leave. This rule is included in the registration section, i.e.
the employer is required to maintain this written agreement and make it available dol upon request. In our experience, most employers are not aware of this requirement and do not regularly enter into written agreements with workers exempted from intermittent fmLA vacations. Employers should review their FMLA policies and, if necessary, amend them to establish and maintain these records. Electronic exchanges with staff, such as e-mail, are sufficient to meet the DOL requirement. However, if the worker is not on sick leave due to illness due to illness, due to a government, government or local quarantine order or isolation under COVID-19; because they were advised to self-quarantine by a health care provider as a result of LA COVID-19; because the employee has symptoms of COVID-19 and is seeking a medical diagnosis from a physician; because the employee is caring for a person subject to a quarantine or isolation order from the state, state or territory, or because, on the advice of a health care provider, he is required to pre-state himself to the self-quarantine; or because the worker has a substantially similar condition, the worker cannot take the leave temporarily. In other words, the worker must resort successively to the days of PSL authorized until the right to psL leave expires or until the employee is no longer subject to one of the aforementioned qualifying grounds.