If an airline flight crew employee needs to take FMLA leave for a two-hour doctor’s appointment, the employer may require the employee to use a full day of FMLA leave, during which the employee would not return to work. The entire amount of leave actually taken (here, one day) is designated as FMLA leave and would be deducted from the employee’s entitlement.
However, if an employer chooses to restore an employee to work on the same day during which intermittent or reduced schedule FMLA leave is taken, or if an airline flight crew employee leaves work early for an FMLA qualifying reason, the leave taken by the employee must be FMLA-protected and the employee’s FMLA leave entitlement may not be reduced by more than the amount of leave actually taken.
October 2018
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