exempt ee
Sharon Laster
1 Post
Hello, I am a new user to employer forum, my name is Sharon , HR for a small company in Alabama.
I have a salaried employee on leave that has notified me they will be returning to work part time (30 hours). My question is, do they remain salaried with exempt status or do they become hourly non exempt until they return full time or could I reduce their pay for hours worked and leave their status unchanged.
Thanks in advance for your help.
I have a salaried employee on leave that has notified me they will be returning to work part time (30 hours). My question is, do they remain salaried with exempt status or do they become hourly non exempt until they return full time or could I reduce their pay for hours worked and leave their status unchanged.
Thanks in advance for your help.
Comments
Are you sure you want them to come back at 30 hrs? Are they able to complete all the work required in that time? Will you have to hire a part timer?
you could change their salary from being based on 40 to 30 hours. same rules apply, e.g, they are not docked for less than full days, etc. this may make it a little easier and then when they resume their full schedule, revert salary back to what it was before the change. you can alway check with your local labor department (wage and hour division) if you're uncomfortable.
good luck
You posting did not state whether the salaried employee is taking the reduced work week under FMLA but from the facts, it sounds likely. You might want to check FMLA implementation regulation 29 CFR Section 825.206 which allows an employer to deduct hourly amounts from an exempt employee's salary when providing unpaid leave under FMLA to a salaried employee.
>Hello, I am a new user to employer forum, my
>name is Sharon , HR for a small company in
>Alabama.
>
>I have a salaried employee on leave that has
>notified me they will be returning to work part
>time (30 hours). My question is, do they remain
>salaried with exempt status or do they become
>hourly non exempt until they return full time or
>could I reduce their pay for hours worked and
>leave their status unchanged.
>
>Thanks in advance for your help.