Happy New Year!

A salaried, exempt employee went on maternity leave and wants to come back early on a part-time basis. Can her salary be adjusted to pay her the part-time salary equivalent based on the number of hours expected to work?

Thanks!

Yes. There is nothing in the law that prohibits an exempt employee from working on a part time basis, or says that she has to be paid full time wages for part time work.

However, if you pro-rate her salary to the number of hours she is working and it comes out to less than $455 a week, she will become by definition non-exempt.

Thanks! Have a great 2009! :)