Before I went on maternity leave, I was a salaried, exempt employee. When I returned to work after maternity leave, my job duties changed (still same department), but they are wanting to change me to an hourly, non-exempt employee. The biggest differences between exempt and non-exempt: exempt has unlimited sick days per year, non-exempt has 10 sick days per year, exempt has 100% paid short term disability, non-exempt has 85% short term disability. Basically, the non-exempt employees have less monetary value invested in their benefits than an exempt employee.

I was under the impression that FMLA required employers to place a person (back from maternity leave) in a similar position than what they left and will same pay - would that not include benefits as well? My salary won't change, but the amount of my benefits would change.

I was hired in 7 years ago as an exempt employee. I've been an exempt employee since then. Now all the sudden - they want to change me to non-exempt based on my very slightly different roles. About 50% of my job today is the same as it was prior to maternity leave. The other 50% is technically new roles for me as a primary responsible person, but I was the backup knowledge person for the person that used to do the same role (if that makes sense!).

Thanks

A couple of questions; has there been any kind of departmental reorganization? Have other people within the department been given new duties or had their status changed?

How long ago did you return from leave?

I returned from leave today. A new person was hired to take on the original role left by the previous person, plus, some of my duties to relieve me of the majority of the work. I was doing on avg over 45-50 hrs a week (easily). The other person in the department is giving me some of their duties. Essentially, we are all still working on at least 50-75% of our "original duties", with the remaining percent being moved around. However, we are all responsible for other's duties if that person is sick or on vacation.

ETA: 2 years ago, the most senior person in our department was changed from exempt to non-exempt, even though their roles did not change. The new person hired on was hired on as non-exempt, as has been every person in that same role (previous employees). I'm the only one who was hired on as exempt and has stayed exempt throughout my tenure.

I think a big question here concerns your job duties. It could be that this was the first time your duties were really looked at and found not to qualify for exempt status.
That would be a correction of an error, not directed at you due to FMLA. In that case, they would be complying with the FLSA.
If they've done that previously to others, than it cant really be determiined that it had to do with your pregnancy/absence.

Its unfortunate that you lose leave time but now you get overtime.

Is there a number I could call or email I could use to see if my job qualifies as exempt or non-exempt? When they moved the other person to a non-exempt status 2 years ago - they found that her position rode the line and my position was more clearly on the exempt side.

Thanks

How long were you out on leave? What are your responsibilities?

I was on leave for 12 weeks (standard FMLA).

My job duties prior to leave:
- server administration (build new servers, new o/s, patches, troubleshoot, etc...)
- software administration (implement new software modules, manage existing software modules, support any technical issues that arise from software modules, etc...)
- Active Directory - implement and manage entire AD system
- Manage implementing and support patch management system & software for servers
- Built new disaster recovery solution and maintain & test yearly
- Backup system - built system and maintained/monitored/recovered
- Citrix administrator

Primary duties after leave:
- Citrix & SQL server and software administrator
- Software administration (same duty as above)
- Reporting administration - build, modify and maintain reports
- Electronic data support - build, modify and maintain data management

Incl all the above, if the system administrator is ever out on vacation or sick leave, I'm to pick up their reponsibilities (same responsibilities I had prior to leave).

To add a monkey wrench to the equation - I'm considering reducing my hours by a small margin - i.e. 40 hrs to 32-35 hrs a week. Knowing this, I understand the company can put me on an hourly pay schedule as opposed to a salaried pay schedule, but knowing my current exempt status, can they change me to non-exempt based on my job responsibilities AND my reduced hours?

I am not technically savvy enough to say if your duties qualify as exempt or not.

But IF they do not, then they would be violating the law to leave you on exempt status, FMLA or no FMLA.