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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

Calculating exempts’ pay when they take intermittent FMLA leave

I understand that the FMLA allows salaries to be reduced for exempt employees who are on intermittent FMLA. However, my question is this: Would I change them to an “hourly basis” during the approved intermittent FMLA event? And if so, would they be eligible for overtime? Or would I just continue to track the FMLA hours and reduce their pay based on the hours they used?

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Employee providing care for seriously ill sibling? Consider agreeing to request for FMLA leave

A new federal appeals court decision says employees can, indeed, take FMLA leave to care for siblings who have serious health conditions.

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Employer lessons from 2024’s worst employee lawsuits

It’s a new HR year and we’re here with some important lessons from the top four employment lawsuits of 2024. Don’t repeat these employer mistakes.

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How should we apply intermittent leave for school employees?

How can intermittent leave work in a school setting?

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Are boomerang employees eligible for FMLA leave?

We have an employee who quit, but then came back to work for us a few months later. Does the hours-worked requirement start with her rehire date or does it go back to their original start date?

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When do PWFA-covered absences turn into FMLA-covered leave?

Suppose an employee states she is going to be absent because she is not feeling well due to pregnancy and is going to see her doctor. We as her employer consider the day to be covered by the Pregnant Workers Fairness Act, so there’s no need for a doctor’s note. But if she continues to need time off because she is not feeling well due to pregnancy, at what point have we moved from time off for a normal pregnancy symptom and into leave?

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Can workers demand remote work as a form of FMLA leave?

Employees who are eligible for FMLA leave sometimes don’t want to take it because it’s unpaid. However, some have begun asking to take intermittent FMLA leave on a work-from-home basis. Must employers grant such a request? It’s tricky.

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What happens when a key employee runs out of FMLA leave?

We have a key employee who is the general manager for one of our dealerships, the top management position. He is in the hospital with a serious medical condition. He wants to and plans to return to his position when he is well. However, he will probably run out of FMLA leave before that happens.

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How do we calculate the amount of intermittent leave available?

How would you figure out the appropriate hours to apply for intermittent leave? For example, someone works 50 hours per week with mandatory overtime. Is there a formula to use to figure out that an employee would be able to use 600 hours instead of the 480 standard FMLA hours in a 12-month period?

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How do we dole out FMLA leave when both parents are our employees?

How does the FMLA work if you have employees who are a couple with a new baby?

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