avilro
01-08-2009, 08:29 AM
I wanted to know about this issue that my mom has. She got diagnosed with cancer and the doctor released her from work and she is only able to work about 4 hours 3 days a week now. She was a salary manager and now is getting paid by the hour is this right?
Texas709
01-08-2009, 08:39 AM
Sorry to be flippant, but that's a favorite saying of my long time fishing partner.
If your Mom is unable to work more than limited part time (12 hours a week), the employer would be nuts to continue to pay her a full time managerial salary. Ergo, an hourly wage would probably be the best choice. What alternative would you expect to see?
My Mom had a metastatic cancer diagnosis a year and a half ago, and we thought she was a goner. She completed chemo a year ago, and is out today on her birthday playing 18 holes of tournament golf. I hope your Mom does as well.
Is she on FMLA? Is this going to be a permanent change?
avilro
01-08-2009, 08:59 AM
well she got diagnosed about 3 months ago and she has been getting paid salary till a few feeks ago. and the change is not permanent she is getting better
Assuming that FMLA is applicable, then there is a formal exception in the 29 CFR 541.602 (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm) rules that allows for only hours actually worked to be paid.