Reduced Schedule Question

Crout

Scenario: We have an exempt Department Director who has been on a reduced schedule (30 hours a week) for a few months now for treatment of a rather rare (as I understand) muscle disease. The problem is that the job requires a LOT of hours, and the department has slipped noticeably. We were recently audited by the State and there were so many deficiencies that our license to operate that department may be in jeopardy. The Director's doctor has not indicated how long the reduced schedule will go on. We are meeting this Monday to strategize on what to do. We cannot continue to operate with a part-time Director, yet she has job protection under FMLA. Transfer, by the way, is not an option. Any thoughts would be appreciated. One more question: Does anybody see a problem with reducing the salary of the Director to reflect her part-time status? Thank you one and all.

sandra_d

We wrote our FMLA policy to require that employees use paid leave available to them (vacation/sick/PTO/whatever) when they are out on FMLA, and that applies to reduced schedules and intermittent leave as well, to maintain their full-time status. The FMLA does permit deductions in salary for exempt personnel equivalent to the time on unpaid FMLA leave. This is referenced in the FMLA legislation - I found it on the Department of Labor website ... [url]www.dol.gov[/url]
Look up the FMLA document ... "Sec. 102 Leave Requirements", subsections c & d are the areas that talk about pay requirements for persons on FMLA.

System

You should see whether she fits the definition of a "key employee" under FMLA. If so, she doesn't have the same protections as other employees, and you'd have more leeway in dealing with the situation.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Rockie

James: Doesn't the employee have to be designated a "key" employee prior to the leave being taken and they have to be notified of this fact? I don't believe you can go back and designate them as "key" after the fact. I may be wrong here.

AnneLa

Also, be sure to check your state regulations regarding FMLA and 'Key" employees. Some states do not allow for this provision.