A reader writes:
Our employee, “Fiona,” determined to semi-retire after 20 years of working with us. She requested to scale back her hours and work largely from residence, which was permitted. Since the beginning of her official semi-retirement date, nevertheless, she nonetheless involves work nearly full-time. Fiona hasn’t requested to return to her full-time wage and would seemingly decline even when this was supplied. She mentioned she hates being at residence and prefers to return into the workplace. I feel she’s working at a sluggish tempo and tending to non-urgent duties.
The subject is that we’ve employed Sally – with Fiona’s blessing – to switch her. While Sally hasn’t mentioned something, I’d really feel bizarre about taking up a function of somebody who’s speculated to go on semi retirement but remains to be coming to work day by day. Is this case probably problematic or ought to we leave Fiona to do what she desires?
Yeah, it’s positively a downside!
First and foremost: potential authorized points. If Fiona’s work obligations or pay imply that she’s non-exempt, you’re required to pay her for all hours she works, whether or not you requested her to work these hours or not, plus extra time if she ever works greater than 40 hours in a week. And even when Fiona’s pre-retirement job certified as exempt, understand that her new, lowered wage would possibly put her under the wage threshold for exemption. (If she’s incomes lower than $35,568/12 months, she’s non-exempt, it doesn’t matter what her job duties are. Interestingly, the legislation doesn’t prorate that for part-time staff.) You’d additionally want to verify she’s incomes not less than minimal wage while you divide her present pay by the hours she’s truly working, not the hours she’s been assigned. And you is likely to be legally required to supply her well being care and different advantages, relying on what number of hours a week she’s exhibiting up.
But there’s additionally Sally! Most folks in Sally’s footwear can be uneasy at being employed to switch somebody if that individual then continues to stay round and never leave. Sally is likely to be questioning whether or not you’re going to finish up deciding you don’t want her in any case. She would possibly fear she can’t take full possession over her work with Fiona hanging round. Are their obligations clearly divided, and is Fiona respecting that division or blurring the traces? Is Sally snug altering processes or methods of doing issues with Fiona hovering?
For a glimpse into how Sally is likely to be feeling, see these letters from folks in related footwear:
the one that used to do my job gained’t go away
the man who did my job earlier than me gained’t go away
I used to be employed to run a division — but the outdated boss remains to be there, 10 months later
our CEO gained’t let go of a retired employee
And who’s managing Fiona now? Does that individual have a clear concept of every thing she’s engaged on? (It feels like perhaps not.) They have to!
It feels like Fiona is having a onerous time adjusting to semi-retirement. But she can’t actually announce she’s solely working X hours a week, allow you to make plans to switch her, after which proceed exhibiting up practically full-time. At a minimal you may’t let her work off the clock if she’s non-exempt … but you additionally really want to take a look at how that is all affecting Sally.
As a subsequent step, sit down with Fiona and title what’s occurring: “We’d planned for you to be working X hours a week, and since we’ve hired Sally to replace you, it’s important that we give her space to do the job we hired her for. We’re thrilled to have you for the X hours a week we agreed on, but we need to stick to that to keep the work divisions clear for everyone, and to ensure the company is meeting our legal obligations on pay and benefits.”
