Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation.
Are we breaking FMLA by asking for upfront notification?
Question:
We’ve got a bunch of employees who take intermittent FMLA leave. When they need to use their leave, weve asking them to let us know ahead of time that theyre taking FMLA. Are we allowed to do this?
Answer:
Not according to the Department of Labor. They’ve been cracking down on those kinds of policies, says Linda Hollinshead, an attorney with WolfBlock who specializes in FMLA cases.
You are allowed to make them call in before they miss a shift, if that’s your policy for all employees when they take time off. The fact that those employees have been approved for intermittent leave doesnt make them immune from your usual absence notice requirements. But asking whether or not its FMLA-related at that time could get you in trouble.
The law says you have to give employees two days afterward to let you know if the absence was FMLA-certified.
Is this manager still exempt?
Question:
Were a small company, so most of our managers still spend a lot of time doing physical labor. One employee in particular is in charge of several people, but about half his job involves loading trucks and making delivers. Does that mean he’s not exempt from overtime?
Answer:
The most important question isnt the amount of time people spend on exempt and non-exempt duties, says attorney Michael Lorenger of the firm Lorenger & Carnell.
What the Department of Labor looks at is the job’s “primary duty” – in other words, the reason that particular job exists. You might have a case where there are so few employees, and hence, not that much management that needs to be done, that a manager spends more than half his or her time working in other aspects. That employee would likely still be exempt.
What the Department of Labor looks at is the job’s “primary duty” – in other words, the reason that particular job exists. You might have a case where there are so few employees, and hence, not that much management that needs to be done, that a manager spends more than half his or her time working in other aspects. That employee would likely still be exempt.
