First, I apologize in advance for the anonymous post - I am directed to post this way due to the nature of my query.
We have an Exempt employee (not in California) that takes 1 or 2 hours off nearly every Friday for intermittent FMLA. Although we have documentation from their doctor as to the reason for the intermittent leave, we have concerns that the employee is "gaming the system" in order to be paid for time not worked. The employee has long since exhausted their PTO.
Since the employee is Exempt, we cannot cut their pay due to the quantity or quality of their work, so we cannot cut their pay for the 1 or 2 hours they take off for FMLA. Or so we believe. Can an Exempt employee in this situation continue to leave early every Friday in perpetuity (as long as there is the note from the doctor) and continue to get paid their full salary? Is our only alternative to fire the employee for other reasons (we are in a right-to-work state)?