Issue with FMLA

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Latest post 01-05-2013 12:28 PM by cbg. 9 replies.
  • 01-04-2013 9:20 AM

    Issue with FMLA

    I was on FMLA last year.  During the beginning of this time I would take vacation time to offset the time off.  I ended up working much more than 40 hrs some weeks and had informed my management.  She responded with:

    As we have previously discussed you are an exempt employee and as such I do not look to you to count hours but instead complete your work. However, being on "part-time" FMLA does require you to count hours and accurately reflect your time in myinfo. I understand that you have been working full-time from home rather than part time as we had previously agreed to and I appreciate your support. During this time you have been compensated as a full time employee.

    Do I have any legal ramification both since I was not given a plan to get to part time, was expected to work full time, and had given multiple requests to alleviate some duties so that I could become part time.

     

    Thanks

  • 01-04-2013 10:25 AM In reply to

    • DPH
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    Re: Issue with FMLA

    IssueswithFMLA:
    During this time you have been compensated as a full time employee.

    If you are being paid, there isn't any issue there.

    IssueswithFMLA:
    Do I have any legal ramification both since I was not given a plan to get to part time, was expected to work full time, and had given multiple requests to alleviate some duties so that I could become part time

    The short answer is that your employer probably does NOT have to accomodate your desire to become a part time employee.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 01-04-2013 11:24 AM In reply to

    Re: Issue with FMLA

    Your post is a bit unclear.  First is easiest: if you expected to be paid for the time off and ran out of sick leave, you'd expect the employer to charge your vacation time.  But it's not precisely clear that you took time off as such if you were still doing all your work.

    While an employer's free to accommodate intermittent FMLA, you aren't saying what it is you presented with them as needing.  You mention working from home, but that doesn't tell us anything.   I suppose this employer wants to be able to keep track of how much FMLA time you're actually taking off, but as a practical matter, it doesn't seem like you're taking any.  If you are exempt and you're getting your work done, however, and there's no definite "off" time, I'd say the employer is playing fast and loose here.  With an exempt worker who keeps working, the "part time" thing as to intermittent FMLA might be hard to navigate. 

    I suggest that you talk with the nearest federal DOL wage-hour division office, or the main body DOL in DC (or even a local employment law attorney who deals with FMLA violation-related cases).

  • 01-04-2013 4:15 PM In reply to

    • Drew
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    Re: Issue with FMLA

    And lets not rule out that OP is playing a bit fast and loose with the rules --the employer need to go for the work at home stuff. Now I agree some folks can do more work from home than from the office but its hard to monitor

    Sometimes its just best not to push buttons lest you push wrong ones and if boss is bending on work at home-- I'd not want to push wrong button on that .....



  • 01-04-2013 4:25 PM In reply to

    • Drew
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    Re: Issue with FMLA

    If you are truly exempt the employer can pile on  XXX units of work and to some degree they don't care if it takes you 25 hrs or 85 hrs a week to get it done  and if the boggie is XXX units and you get them done in 20 hrs --so be it but don't advertise same--and it it takes you 95 hours --thats life.

    Now if your compensation plan is performace based and you must hit  60XXX before some whopping incentive kicks in, just because you are out  several weeks last year on FMLA or with a reset clock expect to be part time for many weeks this year , I'm not at all sure that the performace targets need to be adjusted and if you miss them its too bad  (Or so my friends with performace targets and FMLA tell me.)  Many a  professional might tell you that part time means 50% pay for 90% of prior work



  • 01-04-2013 8:44 PM In reply to

    Re: Issue with FMLA

    Sorry for the confusion from my original post.  

     

    I was on FMLA with an agreed to rule of work part time and use vacation hours to keep my pay whole until I ran out of vacation hours(or choose to not use anymore) then go to FMLA hours.  Our company gurantees up to 6 weeks of FMLA time either directly or as hours.  

     

    My manager made no plan for a backfill and so created a normal work environment where although I was to be part time(and FMLA gurantees that I beleve) I had to work my regular hours(45-55 weekly).  I repeatedly sent back our agreement to her and asked for help in getting to the time we had agreed to with no help.  I then stated I would only work the 30 hours at which point she responded with the note above.  

  • 01-04-2013 9:10 PM In reply to

    • cbg
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    Re: Issue with FMLA

    Before your FMLA leave began, were you full time or part time? It matters and there is a reason I'm asking.

  • 01-04-2013 9:12 PM In reply to

    • Drew
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    Re: Issue with FMLA

    I'm way out of date --so get some current input---but I don't think the employer needs to provide part time wok or work at home---what the employer needs to do is to allow for part time use of FMLA based upon medical needs --for example perhaps you are only able to work 6 hr days for some recovery period .

    Now boss is free to pile on 100 hrs of work to a salaried person --and it stacks up until they get it done --

    But first you need to clarify if you are truly exempt under law--w/o making an enemy out of your boss.



  • 01-04-2013 9:46 PM In reply to

    Re: Issue with FMLA

    I was full time exempt before my FMLA

  • 01-05-2013 12:28 PM In reply to

    • cbg
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    Re: Issue with FMLA

    Then under FMLA rules, you are entitled to be returned to your full time position. The job FMLA guarantees you is one that is equivalent in ALL respects - that means full/part time status as well. If you are looking to be returned to a part time position, that is NOT protected by FMLA.

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