What to do if I am a part-time exempt employee out on FMLA an I believe tht my employer is miscalculating my time used?

UPDATED: Aug 9, 2012

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What to do if I am a part-time exempt employee out on FMLA an I believe tht my employer is miscalculating my time used?

I am a part-time exempt employee working for taget corporation. I typically work 44 hours over a 2 week pay period. This is typically a 10 hour and a 12 hour day each week. Due to medical complications during pregnancy I went on my short term medical disability starting 4/26. I delivered my baby on 7/27. My employer says that my FMLA will end on 8/15 (my employer gives 112 days of FMLA). It appears to me that I haven’t used up that much time since I am part-time and only work 44 hours every 2 weeks. It appears to me that my employer is calculating my time used from my FMA as if I am a full-time employee. According to my research, “Employees should be charged fmla leave only for time actually taken”. I believe I am still entitled to a lot more FMLA time well after the 8/15 deadline I was quoted ( which is exactly 112 days from the date of 4/26). Am I correct?

Asked on August 9, 2012 under Employment Labor Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to try and resolve the alloted time issue for FMLA leave is for you to have a meeting with your human resources representative and/or your supervisor to iron out any confusion regarding your allowed time off under this act.

Follow up with a written letter confirming the meeting keeping a copy for future use and need. Ordinarily days off are calculated per eight hours of work being one day off. If you are part time, the days off counting to your FMLA allotment should be based upon actual hours worked normally where your days would be extended since you are a part time employee.

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