We are an employer of less than 20 in California. I have an employee who's wife had a C-section and he needs to care for her (as confirmed in writing by her doctor).

He is exempt and was granted (not by me, I am the HR dept) to work 4.0 hrs a day then take vacation time for the other 4.0 (we do not have PTO). He has also used his sick time so Kin Care cannot be used.

Only problem is, he is coming and going as he pleases and claiming 8.0 hrs of actual work time, therefore, not dipping into his vacation time. His manager and I are pretty confident that he is working his full 8.0 hrs.

I suggested he go on CFLA. He does not want to do that as it has no job protection and as an employer we do not qualify for FMLA. We do need him, so his boss is not willing to let him take full vacation time and the employee says he does not want to use his vacation time.

How do I get a handle on this? Or has the company backed themselves into a corner by letting it happen in the first place? It can't go forever as we do not have a telecommute policy! It looks like preferential treatment to the other employees.