1. Must the department hold the employee's position if an employee is unable to work for more than 30 days but has accrued paid time off to cover the approved leave?
Yes. The employee is considered employed in their position while in paid status, and the department cannot fill it. Employees who return to work from an approved paid leave are entitled to return to the same position or a comparable one.
2. Can an employee return to work earlier than the expiration date of the leave?
It is the department's discretion whether the employee may return to work earlier than expected. Typically, a department should permit the employee to return to work early unless no position is available.
3. What is the effect of a holiday and/or winter break pay when an employee is on leave?
Employees will receive holiday pay and winter break pay, if eligible, when on a paid leave of absence so long as their FTE remains at or above .75FTE.
4. In calculating the length of a medical leave of absence, is any portion of an FMLA leave included?
Yes, both the paid and unpaid portion of FMLA is included when calculating the length of a medical leave of absence.
5. Can an exempt (monthly paid) employee鈥檚 pay be reduced while on an unpaid leave of absence?
Supervisors should contact Human Resources for additional information and guidance to ensure compliance with the Fair Labor Standards Act (FLSA) regulations.
Date Created: 09/26/1997
Last Updated: 07/21/1998; 10/29/2020; posted 12/23/2023 with an effective date 01/01/2024
Reviewed 2023-12-22