"California employers may deduct time for a partial day absence from an exempt employee’s accrued paid time off, if the Company's vacation policy requires its employees use their vacation hours for illness when the employee does not have any more accrued sick days. According to the DSLE Opinion Letter, while a partial day absence cannot be deducted from an exempt employee’s salary, such an absence may be deducted from accrued paid time off, accrued vacation time, or fringe benefits without affecting the employee’s status as a salaried exempt from overtime employee." But you do have to be careful if there is no paid leave left...then you can only dock full days (and not always all of them depending on the reason missed)
eta: I would consider having a policy on whether or not some hours worked on a PTO day will adjust back into PTO. Or some maximum worked and still required to take PTO. Do you really want to charge a full day to someone who only took 3 hours off for example? What maximum measurement do you use for PTO? I could see rounding a full hour and to me that would be fair to both sides.
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Posts: 11Joined: 6/2/2009Last Post: 7/9/2013
Re: exempt employee vacation
Thank you rrupert. Today I found out that one of the managers put in several hours of work while on vacation. She considers this to be expected at her level of responsibility in the company. The problem is that we do not yet have written policy on the matter and I have allowed other exempt employees to offset their vacation day with salary. For example, if an exempt employee spent 3 hours on his iPhone working, I would only charge 5 hours vacation for the day. I am curious what other companies are doing.