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ADA - Exempt Pay

sambusambu 23 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an exempt employee who has exhausted all of her FMLA leave mid-March and we have continued to offer to let her work on a modified work schedule so she may attend her radiation treatments each day. Since this falls under ADA, must we continue to pay her for a full day's work even though she only works part of the day during the ADA leave accommodation? Under FMLA we were able to pay her for only those hours worked, but since her FMLA leave has been exhausted and she continues to need further leave, I'm not sure how her exempt status/ADA/part-time status all work together. ANY help would be greatly appreciated.
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  • HatchetmanHatchetman 877 Posts
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    Yes, you need to pay her her full salary for any part day's work, except that time for which she is absent under FMLA. The provision for deducting FMLA- hours missed from an exempt employee's salary is in FMLA, not FLSA. Thus, even if you're allowing reasonable accommodation under ADA to take time off for doctor's treatment but the employee is out of FMLA time, then you have to pay full salary for the day if the employee works any part of that day. Of course, you may be able to deduct the hours from accrued time benefit, if she is absent in accordance with your sick leave policy.
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