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Full-time Exempt Employee Returning to Work Part-time at What Pay? Texas

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  • Full-time Exempt Employee Returning to Work Part-time at What Pay? Texas

    Hi!

    If an exempt employee (salaried) is out on FMLA and is receiving STD, but is medically cleared to temporarily only return to work part time, is the employee entitled to the full salary? Would the salary be prorated 50% for the part time designation? Would STD make up the difference in salary?

    Thanks!

  • #2
    Intermittant FMLA is one of only two instances in which an exempt employee can legally be paid only for the hours they actually work. (The other is if they do not work an entire week the first or last week of employment.) Whether the unpaid time can or will be made up with STD is a function of your STD policy. There is no law that is must, or prohibition saying it can't. In your state (and in 44 others) there is no legal obligation to provide STD at all.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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