Exempt employee - possible disability
GJohnson
38 Posts
We have an exempt employee who has injured his back, possible cause is arthritis. He is going through medical treatment to determine how to best relieve his pain. He has indicated to me that he may request that his doctor reduce his work hours to 4 hours per day due to pain and suffering.
Should this employee be put on a 4 hour per day work schedule by his doctor for an undetermined length of time, can we reduce his hours and pay to match that 4 hours per day and retain his exempt status (assuming this is a long term situation)?
Alternatively, we would be able to charge the 4 hours not worked each day against his sick leave or vacation banks. Once those banks are exceeded, we cannot dock an exempt for less than a full days pay.
We have less than 50 employees and are not covered by FLSA. We have short term disability coverage but it does not go into effect until day 30.
Any recommendations would be greatly appreciated.
Should this employee be put on a 4 hour per day work schedule by his doctor for an undetermined length of time, can we reduce his hours and pay to match that 4 hours per day and retain his exempt status (assuming this is a long term situation)?
Alternatively, we would be able to charge the 4 hours not worked each day against his sick leave or vacation banks. Once those banks are exceeded, we cannot dock an exempt for less than a full days pay.
We have less than 50 employees and are not covered by FLSA. We have short term disability coverage but it does not go into effect until day 30.
Any recommendations would be greatly appreciated.
Comments
1) Does the EE's medical issue qualify as a disability under ADA (remember that a long term health condition does NOT automatically qualify). If you determine that it does qualify then you have additional issues..
2) Can the EE do the job adequately working only 4 hours per day? If so, then I would recommend changing him to an hourly basis and paying him for only those hours worked.
3) Is the 4 hour work restriction a permanent thing or temporary? If it is permanent you need to examine whether or not this would create a hardship for you. Remember that the courts have repeatedly found that regular attendance is an essential job function and an EE's ability to only work part time does, in most instances, create an "undue hardship" for the ER.
4) Should you determine that you can accomodate a 4 hour permanent work restriction and he can work then I would recommend switching him to part time hourly and making whatever changes that requires. The FLSA's exempt requirements allow an individual to be switched to hourly (non-exempt) in these situations.
At this point I would not do anything until you know for certain what the situation is and what you are being asked.