Allowing her to become a volunteer is not a good idea. If her job-share partner is paid and her position has always been paid, then allowing her to “volunteer” would be the same as requiring an employee to work without pay. Even though she is requesting this arrangement, the employer could still be prosecuted for wage theft and other charges of fraud. We may not be talking about a lot of money, but that doesn’t change the fact that DOL and IRS consider this illegal.
Here is a DOL link you can review:
https://www.dol.gov/whd/regs/compliance/whdfs14a.pdf (read the last sentence under Volunteers)
Here is another good test:
https://www.nonprofitrisk.org/resources/articles/employee-or-volunteer-whats-the-difference/
Hope this helps!
April 2018
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