Reduction in Hours - HELP!
LindaE
98 Posts
I will be in family court by Thanksgiving, still trying to get primary custody of my 14 year old bipolar son. He is not mature enough to be left alone at home yet, and if I win custody, I will need to reduce my working hours so I am with my son before and after school. If an employee came to you with this situation, what would you do? I'd go from 40 hours per week down to about 35 a week. Would you pay the ee by the hour (I'm on salary), keep the ee on salary but require the time be made up, have the ee work some additional hours from home, or what? Since I've worked in HR no one has ever come to me with this kind of request, so I'm not sure what we'd do. I'd love your input - and your prayers would be great, too! 
Linda
Linda
Comments
Your scenario requires that the employer consider multiple issues. First there's the issue of FMLA and whether or not the intermittent absences will fit the law. I think they will, based on what the child's physician will say on the form.
But, if the employer is simply being asked to restructure the workweek, the employer might do that too. I would not if it were my employee because of the precedent it would set. And I would not agree with an employee promising to always work through lunch and take no breaks.
Next, the issue of wages. Even with an exempt employee, I would treat the intermittent absences as any other employee out on FMLA, reducing the wages by the hour.
The biggest issue then becomes what does the employee do after FMLA expires? Or will it ever expire? According to your post, you would only be cutting your annual hours by 260 (5 hrs per week times 52 weeks). With FMLA typically lasting 480 hours, you would never even have to be worried about the 12 weeks expiring.
If, your hours were only being cut by 5 per week and FMLA were approved, I see no big deal.
Think about the situation from the employer's perspective and the amount of work and requirements of the job you have now. You probably have a better idea of how your boss will react. Be prepared for any objections he may have with solutions.
Good luck!