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texas Salary employee getting less pay due to doctor release

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  • texas Salary employee getting less pay due to doctor release

    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?

  • #2
    Maybe not right but probably correct...

    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.


    • #3
      Is she on FMLA? Is this going to be a permanent change?
      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.


      • #4
        texas salary decrease

        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


        • #5
          Assuming that FMLA is applicable, then there is a formal exception in the 29 CFR 541.602 rules that allows for only hours actually worked to be paid.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)