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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption