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Full-Time to Part-Time Wisconsin

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  • Full-Time to Part-Time Wisconsin

    We have an employee who is an exempt, full-time employee, who wants to cut hours (28-32 a week) due to physical and emotional health problems. One would think that this person may qualify for FMLA. However, they have told us that they have had testing done and nothing comes back verifying these health problems. If this person does not have medical proof of "illness" can we take them from the exempt status and place them as an unexempt employee?

  • #2
    You could generally do that regardless. Without FMLA protection, you cannot dock an exempt employee for partial days worked and you must pay her full weekly salary for any workweek in which she works any time at all.

    Are you saying you gave her FMLA paperwork to take to her doctor, but her doctor will not complete them? Or will not complete them to such an extent that you can determine whether FMLA applies in this case?

    Assuming FMLA does not apply, you may, however, change her to nonexempt (which of course, includes overtime pay if applicable) until she can return full time.
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