Exempt Returning 1/2 days from disability
HRCalico
582 Posts
We have an exempt employee out on maternity leave. Due to a large project, we have asked her to return half days (she has been released by the doc and is waiting to get the baby into a day care. I think a grandparent is able to do half day child care in the interim). I told our president that we probably need to do a temporary salary adjustment because as an exempt employee, she's entitled to her "full" salary on the days she works.
He first said we'd have her come in two half days and count it as one day. I said NO. She does have some vacation time that she could use, but our current policy is that exempt employees do not have to use vacation if they work part of the day, so that doesn't exactly fly. His latest suggestion is that we just pay her hourly for the few weeks she is on half days.
His stance is that we did that with a production supervisor that worked half days after shoulder surgery last summer. My argument is that his job duties were drastically different during his half days - he was not allowed on the shop floor AT ALL and conducted some computer training as we were implementing new software at that time. The employee in the current situation would be doing her normal (exempt) duties, so I think we're comparing apples and oranges.
Do I have the proper stance here?
He first said we'd have her come in two half days and count it as one day. I said NO. She does have some vacation time that she could use, but our current policy is that exempt employees do not have to use vacation if they work part of the day, so that doesn't exactly fly. His latest suggestion is that we just pay her hourly for the few weeks she is on half days.
His stance is that we did that with a production supervisor that worked half days after shoulder surgery last summer. My argument is that his job duties were drastically different during his half days - he was not allowed on the shop floor AT ALL and conducted some computer training as we were implementing new software at that time. The employee in the current situation would be doing her normal (exempt) duties, so I think we're comparing apples and oranges.
Do I have the proper stance here?
Comments
Kathy Carlson
[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.206.htm[/url]
really answered my question and clarified what Kathy said. That link will tell you that the employer may make deductions from the employee's salary for any hours taken as intermittent or reduced FMLA leave within a workweek. Whew!