Exempt Employee asking for P/T - 3-Days a Week Exception

System · May 2004

One of our employees, an exempt manager, will soon be going on Maternity Leave. She cannot afford to take off the full 12 weeks. A solution she has asked for is to come to work just 3 days a week (which would allow her more time with her baby).

I know that if an exempt employee comes in to work for a few hours, we have to pay them for the full day. I'm just not sure about P/T hours. Not sure if we would have to pay her for the full 40-hour week because she is exempt.

If we designate her job as being three days per week and specify that she would only be paid for 24 hours, is this legal if she is an exempt employee?

Any help you could give me would be much appreciatd.

Thanks so much,
Rita

Hatchetman · May 2004

If the emplyee is taking pregnancy leave and she is eligible for FMLA, what about doing reduced FMLA leave?

The exempt employee's salary may be reduced for the missed hours without jeopardizing the exempt status.

See the Code of Federal Reulations, Section 825.206.

[url]http://www.access.gpo.gov/nara/cfr/waisidx_03/29cfr825_03.html[/url]

System · May 2004

Wow, perfect! Thank you so much!

Rita

Shadowfax · May 2004

Axe man, what a clever solution. Everyone seems to have a problem equating the rule that if an exempt person works anypart of a payperiod they are entitled to full salary, with the exception that an exempt can be docked for any full day absence due to personal reasons. Frankly, Idon't fully appreciate why anyone uses exempt and part time, but whatever floats your boat. I prefer to reclassify to hourly until the ee is back full time, then go back to exempt as before. Just seems cleaner to me, plus, no problem trying to be sure I don't miss paying for the obscure half day the part time exempt puts in.

Exempt Employee asking for P/T - 3-Days a Week Exception

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