Need some direction please

[doc2b]

Ah, I get it now. Did they charge 20 hours to intermittent FMLA? Was the amount paid at least $455 for the workweek? The fact that he is exempt complicates matters.

He said he'll check on whether it was to int. FMLA or not. And yes, he was paid over the $455. Thanks!

 

[pattytx]

Let us know, and if it was, whether it was 10 hours charged or 20, because that may make a difference.

 

[doc2b]

Is the intermittent FMLA who pays the "disability" portion of this check or is that through the company itself? It doesn't distinguish one way or the other on his paycheck, but he knows that the disability company has paid for 20 hours at 60% and the company paid for 20 hours at 100%. It should, if anything, be 10 hours at 60% and 30 hours at 100% each week since he worked at least 30 hours.

 

[cbg]

FMLA is unpaid leave.

 

[doc2b]

Oh, well then I guess it wasn't that
Don't have a clue, I'm really confused...all I've ever known about intermittent FMLA is that he used that during his paternity leave and went back to work 3-4 days a week (now that I think about that, I remember that that was just unpaid leave)

 

[pattytx]

Here's where I'm going with this.

Salaried exempt employees can have their salary docked for partial days worked to the extent that the missed time is attributable to intermittent FMLA. The employer cannot charge more time to FMLA than the employee actually used. So here's what I see should have happened, assuming intermittent FMLA is applicable.

He worked 30 hours and 10 hours could be charged to intermittent FMLA and thus be unpaid. So he worked 3/4 of the week and should have been paid 3/4 of his weekly salary by the employer and the disability insurance should have paid 60% of the other 1/4 of his weekly salary.

 

[doc2b]

He worked 30 hours and 10 hours could be charged to intermittent FMLA and thus be unpaid. So he worked 3/4 of the week and should have been paid 3/4 of his weekly salary by the employer and the disability insurance should have paid 60% of the other 1/4 of his weekly salary.

That's exactly what he's looking for at this point...his employer is refusing to fix the error of how many hours he actually worked. They have him at 20, he worked at least 30. Unfortunately, they aren't the ones being effected by the mistake, so they have no motivation to fix it and he doesn't know where to go from here.

 

[pattytx]

Assuming that 20 hours were charged to intermittent FMLA, he files a claim with the state Dept. of Labor that the second regulation below has been violated. He could also file a complaint with the federal DOL if the first has been violated.

Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. (See CFR Section 825-205)

U.S. Department of Labor - Employment Standards Administration (ESA) - Wage and Hour Division - The Family and Medical Leave Act

in conjunction with:

Rather, when an exempt employee takes unpaid leave
under the Family and Medical Leave Act, an employer may pay a
proportionate part of the full salary for time actually worked. For
example, if an employee who normally works 40 hours per week uses four
hours of unpaid leave under the Family and Medical Leave Act, the
employer could deduct 10 percent of the employee's normal salary that
week.

29CFR541.602 - Salary basis.

 

[doc2b]

Assuming that 20 hours were charged to intermittent FMLA, he files a claim with the state Dept. of Labor that the second regulation below has been violated. He could also file a complaint with the federal DOL if the first has been violated.


U.S. Department of Labor - Employment Standards Administration (ESA) - Wage and Hour Division - The Family and Medical Leave Act

in conjunction with:


29CFR541.602 - Salary basis.

Perfect-thank you! I'll pass this along!