Accomodating Intermittent Leave
I have an employee who has returned to work working only 4 hours each morning after being off on FMLA since March 21, 2011 due to cancer treatment. This employee is an loan officer within our Illinois banking institution and has worked with our organization for 26 years. His doctor has released him to 1/2 days as tolerated. He has experienced significant hearing loss nausea and tires easily. We are a very family friendly organization who tries to accomodate our employees more than is legally necessary. However, he just returned to work on Tuesday, July 5th & 6th and this am called in sick. We are beginning to think his idea to return to work so soon is not in his best interest or ours as a business. He is a salaried employee and has exhausted all accrued time. He technically does not meet the exempt criteria but has always been treated as such. Is it ok to pay him only based on the number of hours he works if he continues to try to work 1/2 days? And, is it possible to recommend to him to not return to work for a few months to gain back his strength and collect his long-term disability compensation while he is off work? I have only been practicing in this wonderful world of HR for about 3 years and have not yet experienced this type of situation. FMLA and ADA can be really confusing and I just want to make sure I am taking the correct and legal steps. Your quick advise is very much appreciated! Thank you!