I posted before about my diability and leave and received some nice responses. Thank you. That has all worked out.
I know have a new question because of my health and blood pressure issues that have just come about. My dr is giving me the option to either go on bed rest, in which case I would have to start my disability at 26 weeks. Or go on reduced hours. I would like the latter. If I am a salaried employee, I think I am exempt, as I work 43-46 hours a week with no overtime. What is the minimum number of hours I am required to work to get paid my full salary.
Thank you, again!
Pattymd
03-29-2007, 08:28 AM
Whatever hours the company requires. This is not a matter addressed by law.
ScottB
03-29-2007, 08:44 AM
Patty, I think the OP is concerned that if she works below some amount of hours, her pay won't be the full salary.
Exempt employees get paid the same salary every week, no matter how many or how few hours are worked.
There are exceptions, such as a full day absence for personal reasons.
Full day absences for illness get docked if the company had a bona fide sick leave plan in place and all of the available time was used.
Partial day absences are generally not docked, but this is where things could get interesting. Partial day absences under FMLA can be docked. The OP's reduced work hours would fall under that (my read). The company is not required to let her have FMLA since she is not eligible (only six months with the company), but they are being generous and allowing her some slack.
So, can they take the hours she has cut back and pro-rate her pay using FMLA as the justification?
Pattymd
03-29-2007, 09:25 AM
It would be better if they just left her salary as is, and dock for partial day's absences which is permissible when the missed time is intermittent FMLA leave. The salary cannot be prorated below the $455/week, under federal law, and $475/week (2006 rate; I don't know if it's increased for 2007).
lauriesh
03-29-2007, 09:39 AM
I am reading your responses and I, again, thank you for your time and effort.
I am still confused though, if I do not qualify for FMLA. Does it still come into play for reduced hours? I am hoping to just have my hours reduced to 32 hours/week. I would still work 5 days just 6.5 hours a day instead of my current 9-9.5. (I do not get paid for my lunch.) I have some personal time (which is lumped together for sickness or vacation whatever. (3 days) My short term disability is only available to me because it is offered to everyone after 6 months employment. I am leaving for 12 weeks after baby is born but with no guarantee about my position. Which is ok, as I have yet to determine if I will want to or be able to handle the hours in my position with an infant.
No one here seems to have any idea, since it is the first time a salaried employee has made the request.
Pattymd
03-29-2007, 09:56 AM
Ah, sorry, your prior posts must have mentioned that, but I didn't go back and search for them.
So actually, I think my prior answer applies. They can keep you as an exempt employee and can prorate your salary accordingly. For example, if you are scheduled to work 3/4 time, they can lower your salary to 3/4 of what you are making now, as long as that doesn't fall below $475/week.
Whether that's what they plan on doing on not, or whether they've considered it, we really wouldn't know.
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