Exempt Parttime

I have an exempt salaried employee who has been out due to surgery. He has used all his vacation and sick time. He is now back to work four hours a day for the next month and then back to fulltime. Can I pay him for only four hours a day even if he is salaried?

Comments

  • 5 Comments sorted by Votes Date Added
  • Is he eligible for FMLA? You can charge portions of days to intermittant FMLA even if he is exempt.
  • Would it be too complicated to adjust his job, duties, and salary? I don't know how official your process is. Outline that you expect him to do a, b, c duties on such and such a schedule for $X per whatever (week/month/annual - figure it out).

    Or, if his duties are changing enough, etc., perhaps you can put him on an hourly equivalent?

    FMLA is also good, although I haven't figured it out yet! #-o
  • Is LTD pay for 4 hours and salary for 4 hours an option?
  • HRMPLS: Under the new FLSA there ran across my eyes one day the words that makes me believe that we can now choose to prorate the salary for hours worked in a day. Now there is/ a connection to the remaining hours in the day being paid for by some other company benefit like sick, vacation, STD, or LTD benefits.

    In our case, our policy would have this person changed to part-time and working no greater than 31 hours a week. The employee would also loose some serious benefits, like medical coverage.

    This is serious and I would call my local wage and hour folks to get a read out on their thoughts on your situation. I would get with my benefits manager and discuss the employee benefits. I would check for qualifications for FMLA and should the employee have been placed on FMLA, before now. I would get out our employee handbook and make sure we have done everything possible to support this employee. For the next step with us is as I have already written (pqrt-timq) with new salary for a given 20 hour work week and no benefits.

    PORK
  • You have two issues here. Is this FMLA (which it sounds like)? If so, you are making an accommodation. It is my understanding under the new FMLA laws, you can reduce Exempt employees salary (without getting into trouble) due to the FMLA. However, you should also check your state laws.
    E Wart
Sign In or Register to comment.