Human Resource Blog

Where HR Professionals Seek Answers

A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR!

Jun04

FMLA Part-Time Return and Salary Adjustment

Compensation
Employee Payroll Action Form
W-4 Employee Withholding Allowance Cert.
Employee Payroll Status/Change Form
Direct Deposit Form
Total Compensation Summary

We have an employee that is returning from a medical leave, but is only approved to work 8-10 hours a week. We are okay with this from a department standpoint, but can we move this exempt employee to non-exempt during this “light-duty” period?

You certainly can change this employee from “salaried exempt” status to hourly status during the period when he or she is only working 8 to 10 hours per week.  This will not change the employee’s future or past “salaried exempt” status, as long as the schedule change is done as a reasonable accommodation for the employee under ADA. (It would, if your intent was to commit fraud.) You could also pro-rate the employee’s usual salary under these circumstances, without changing their salaried-exempt status. That’s because under EEOC guidelines, when an employee has a disability, the employer can legitimately reduce the salary for a reduced workweek.

This entry was posted on Wednesday, June 4th, 2008 at 7:50 am and is filed under
Compensation.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

« Previous Entry
Next Entry »

Leave a Reply





  • [ Back ]
Home Ask a Question Archives

© 2008 HumanResourceBlog.com, All Rights Reserved