Best Ohio FMLA Lawyer Answer: Can my boss deduct time for intermittent FMLA Leave if I am a salaried employee? How long do I get for FMLA time off? How do I sue for FMLA Violations?
Life has its ups and downs. There are times when we are healthy and able to work with zealous abandon and there are times where we physically have trouble working to temporary or chronic health conditions. Fortunately, the Family and Medical Leave Act (“FMLA“) is a federal law that helps protect employees who need a little TLC in the form of extended leave from work. Under FMLA, an employee that qualify can take up to twelve weeks of unpaid leave to address their own serious medical condition or the serious medical condition of a child, spouse or parent. (See Top FMLA Lawyer Reply: Am I Eligible For Medical Leave From My Job?; What Hours Count Towards My FMLA Eligibility?) FMLA leave can be used all at once or intermittently as needed. (See Top FMLA Lawyer Reply: Can My Boss Require A Doctor’s Note For Each Intermittent FMLA Leave?) Unfortunately, many employees who wish to take FMLA leave, such as salaried employees, wonder how they are going to make it financially if they are not paid while on leave. Even more confounding is what if they are salaried employees without set hours, can the employer deduct pay for intermittent FMLA hours used?
Many employers understand that salaried employees are hard workers who are expected to work as long and as hard as possible to get the job done. A salaried employee can work 40 hours one week and turn around and work 60 hours the next week. As a matter of morale and valuing hardworking salaried employees, employers will probably allow a salaried worker to take an hour or two a week for intermittent FMLA—whether it’s therapy or a doctor’s appointment. This is way and beyond what the law requires an employer to do:
Leave taken under FMLA may be unpaid. If an employee is otherwise exempt from minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) as a salaried executive, administrative, professional, or computer employee (under regulations issued by the Secretary, 29 CFR part 541), providing unpaid FMLA-qualifying leave to such an employee will not cause the employee to lose the FLSA exemption. See 29 CFR 541.602(b)(7). This means that under regulations currently in effect, where an employee meets the specified duties test, is paid on a salary basis, and is paid a salary of at least the amount specified in the regulations, the employer may make deductions from the employee’s salary for any hours taken as intermittent or reduced FMLA leave within a workweek, without affecting the exempt status of the employee. (Emphasis Added).
The FMLA states an employer has the right to repayment or deduct any and all hours used by a salaried worker for FMLA leave If you are a salaried employee in need of intermittent FMLA, you may need to pay back time spent on FMLA from your salary. Of course, this does not make sense given that an employee that works 52 hours for a week but takes three hours of on the middle of a Tuesday can have time deducted from their wages, but that is how the law is written.
If you feel that you are being denied leave rights under the Family Medical Leave Act (FMLA) or are being retaliated against for taking medical leave, you should call the right attorney as quickly as possible to schedule a free and confidential consultation. The phone number to contact an Ohio attorney for FMLA help is 866-797-6040. While you focus on your family medical needs, let our FLMA attorneys focus on your medical leave rights.
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