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FMLA for exempt manager?
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FMLA for exempt manager?
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My company's HR department is 1/3 of one person's time: me. That doesn't count payroll.
A person who holds a critical (and exempt) position in our company has been working from home as best she can
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Forums » Topic Forums » Legal Forum » FMLA for exempt manager?
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FMLA for exempt manager?
posted at 4/27/2010 12:57 PM EDT
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Posts: 21
First: 6/5/2007 Last: 6/11/2010 |
My company's HR department is 1/3 of one person's time: me. That doesn't count payroll.
A person who holds a critical (and exempt) position in our company has been working from home as best she can while undergoing aggresive cancer treatments these last couple months. Yesterday, I received a forwarded email she wrote to our president asking if she needs to complete FMLA paperwork. Our company has no intention of interrupting her benefits or employment. We long for the day when she's feeling better and can come back to work. Is FMLA necessary, or even applicable? |
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FMLA for exempt manager?
posted at 4/27/2010 1:22 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You really should so that way you follow a consistent policy for any employee out on FMLA. There are also specific rules about "key employees" if she meets the criteria.
Because if you allow her more time off than protected without FMLA documentation, you might in the future also be required to offer that to someone else in a like condition. It might be setting a precedent that you do not want to set. So protect her for 12 weeks...and then allow her longer leave as long as you can based on her unique set of circumstances. Although you sound like a pretty small company. Do you have 50 employees within a 75 mile radius? |
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FMLA for exempt manager?
posted at 4/27/2010 1:28 PM EDT
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Posts: 21
First: 6/5/2007 Last: 6/11/2010 |
Filling out the FMLA request is simple enough - I'll proceed with that.
The employee does fit the definition of a "key employee", and we have around 280 employees in a 75-mile radius. We just don't have many that work 1250+ hours in any 12-month period or who qualify for health insurance benefits. Our company has a long-standing policy of allowing 3 months of unpaid, protected leave for any employee taking a medical or personal leave of absence, so FMLA mimics our existing policies in many ways. |
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FMLA for exempt manager?
posted at 4/27/2010 4:35 PM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
rrupert is exactly right. Have her (and anyone else in a similar situation in the future) complete the FMLA paperwork. Once the 12 weeks are past then you can decide to extend her leave as may be necessary.
Not doing so sets the precedent as noted above. And by doing the 12 weeks of FMLA up front, you leave yourself with an option at the end to extend or not. That's not a choice you'll have by simply following your own policy - you could have an employee out for the 3 months of "protected leave" and then turn around and get another 12 weeks under FMLA. The FMLA clock only starts once the leave is actually applied for. |
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FMLA for exempt manager?
posted at 4/29/2010 4:09 AM EDT
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Posts: 79
First: 12/20/2004 Last: 2/17/2011 |
The problem you have set up is that if she is working no matter where then she is not on FMLA. You need to determine how much of her time is she working and then designate the rest as FMLA. Although it is always better to have the paperwork filled out you already have enough infomation to determine that any absences caused by this illness do fall under FMLA. |
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FMLA for exempt manager?
posted at 4/29/2010 8:38 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
"The problem you have set up is that if she is working no matter where then she is not on FMLA."
Actually what she is on is INTERMITTENT FMLA if she is performing some work. But I do agree you should be tracking any hours not worked that stem from the FMLA resaon. (sorry about the capitals! I really wish I could bold or underline in a different way. I am really not meaning to "yell") |
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FMLA for exempt manager?
posted at 4/29/2010 9:08 AM EDT
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Posts: 21
First: 6/5/2007 Last: 6/11/2010 |
So then, for "key employee"s, the FMLA request would need to be completed as for any (and all) employee(s). After that's done, the company has the right not to grant FMLA for the reason of the individual being a key employee? |
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FMLA for exempt manager?
posted at 5/3/2010 7:54 AM EDT
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Posts: 79
First: 12/20/2004 Last: 2/17/2011 |
Key employee is a very specific designation. The person must be a VP or above. Who is considered a key employee is on the DOL website, just because you feel she is essential does not make her a key employee. |
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FMLA for exempt manager?
posted at 5/3/2010 8:34 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Let's be careful with titles as their is NO requirement for any job title to qualify as a key employee under the FMLA. The FMLA defines key employees as salaried employees who are in the highest paid ten percent of your workforce within 75 miles of the employee's worksite. The FMLA regulations (found in 29 C.F.R. §§825.216 - 825.219) specify that in determining whether an employee is among the highest paid ten
percent, you calculate and compare year-to-date earnings and divide by weeks worked, including paid leave. Earnings include wages, premium pay, incentive pay, and bonuses. Incentive pay that has a value determined at some future date (like stock options), benefits, or other perks are not included. In addition, the regulations state that no more than a total of ten percent of your workforce may be designated as key employees. |
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FMLA for exempt manager?
posted at 5/3/2010 9:04 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
Just some cautionary opinion her, but with respect to Key Emmployees, there are some specific steps you must go through that are a bit burdensome to say the least. If you screw up on the steps, then the key employee designation is blown and you must treat the employee like everyone else. |
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