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Sick Leave and Exempt Employees - Question
Benefits & Compensation
Sick Leave and Exempt Employees - Question
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We have an employee who was recently out very sick for 5 days. During that time the employee offered to work from hom to help compensate for the lost time during our busy season (tax season). Business
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Forums » Topic Forums » Benefits & Compensation » Sick Leave and Exempt Employees - Question
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Sick Leave and Exempt Employees - Question
posted at 3/11/2009 10:46 AM EDT
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Posts: 2
First: 3/11/2009 Last: 3/16/2009 |
We have an employee who was recently out very sick for 5 days. During that time the employee offered to work from hom to help compensate for the lost time during our busy season (tax season). Business owners appreciated the offer, but insisted that the time be taken off to recover.
Now, business owners are deducting the weeks pay from the employee's salary. The employee has now offered to work additional time over the remainder of tax season to avoid losing a week's pay. Business owners say no, it is unpaid leave, but expect the employee to work extra to handle the additional workload. The employee is an exempt employee, and understands the demands of the business during this time of year, and wants to fulfill the role the position. Can the business legally deduct the weeks' pay from the salary, and still expect that the time be worked by the employee to handle the workload? We are on an accrued PTO policy and are in FL, and the employee does not have enough PTO earned to cover the time out due to the illness. Thanks in advance for any insight |
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Sick Leave and Exempt Employees - Question
posted at 3/11/2009 5:30 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Taking a full sick day after having used all (or before becoming eligible for) sick time is one of the few reasons that exempt employees can be deducted but only in full day increments. The employer just has to have a "bonafide sick plan"
Here's just one article I found on that: http://www.bakerdonelson.com/Content.aspx?NodeID=200&PublicationID=225 It goes on to state "The DOL explained in the letter that a bona fide sick plan must provide a reasonable number of absences on account of sickness without loss of pay. According to the DOL, however, no bright-line test exists for determining how many days an employer must provide and how short of a waiting period is required for a plan to be bona fide. It noted that it previously had approved leave plans that allowed for at least five days of sick leave per year and that it previously had approved a leave plan that required one year of service prior to eligibility for paid leave benefits." |
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Sick Leave and Exempt Employees - Question
posted at 3/16/2009 4:42 AM EDT
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Posts: 42
First: 7/13/2005 Last: 8/5/2011 |
I hope the employee is looking for another job, which shouldn't be tough during this tax time. The company should have advanced the PTO to an exempt employee with the understanding that it would be deducted should the employee leave before accruing it. Unless, of course, this person is a marginal employee and the company is concerned about his performance and expects to terminate him after tax time. |
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Sick Leave and Exempt Employees - Question
posted at 3/16/2009 9:58 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
I am not an advocate of advancing PTO because recovering it upon termination is very problematical - if deducting a week's pay drops the employee's pay below federal minimum wage, you'd have a DOL problem. And making a deduction from a paycheck with the employee's written authorization could also be a problem.
A second reason for not doing so is the precedent you'd be setting. If that precedent has already been set with another employee, then the choice is yours. But if you do make a precedent in this case, rest assured that the word will get around and you'll find it played back to you the next time a similar situation arises. Finally, there's no information on how/why all the PTO balance was used. |
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Sick Leave and Exempt Employees - Question
posted at 3/16/2009 10:05 AM EDT
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Posts: 2
First: 3/11/2009 Last: 3/16/2009 |
The employee took time off over the Christmas break, and in January, for family reasons - relative was in the hospital. So, pretty much there was no accrued PTO remaining for the employee.
Thanks for the replies. |
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