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Salaried Employee Requesting Time Off
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Salaried Employee Requesting Time Off
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I have a question regarding an employee who is salaried. First the person is purchasing assistant to the purchasing manager. This position was hired at salary. The position is responsible for purchasi
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Forums » Topic Forums » General Forum » Salaried Employee Requesting Time Off
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Salaried Employee Requesting Time Off
posted at 11/11/2008 5:51 PM EST
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Posts: 22
First: 5/4/2008 Last: 11/15/2008 |
I have a question regarding an employee who is salaried. First the person is purchasing assistant to the purchasing manager. This position was hired at salary. The position is responsible for purchasing materials, receiving PO's and also assists with the purchase of non-stock materials.
A month ago we reviewed this position because of some issues with other personnel in the office. There are three people in the purchasing department(manager, assistant and non-stock assistant). The non-stock assistant is hourly. The position orders all materials that we do not regularly stock for our stores. When this person is gone the other assistant steps in. The non-stock assistant developed a pattern of calling in sick, late, etc. As a result we took action and wrote the person up and next step will be termination. My question is, is it okay to have one hourly and salary? Secondly, I reviewed the FLSA and I'm not 100% positive. If we make the salary position hourly, we risk the salary person feeling as though they were demoted. If we make the hourly person salary, that person loses the financial benefit of overtime. The salaried makes 36,000/yr and the hourly makes 16.50/hr. My next question is the salary employee has been absent from work. The first incident was that the employee was arrested for DUI. The employee was honest and called and said that they had been arrested and would not be in to work. As a result the employee has had to go to a few court dates. Most recently last Friday the employee took their birthday off. My question is, can we dock this person for time off? The employee was hired in April and has no vacation time. I discussed with the purchasing manager yesterday and his thoughts are well that's a benefit of being salaried and wasn't part of the discussion when time off was requested. But the manager said he would discuss it with the employee the next time a day is requested off. Are we permitted to dock an employee's pay in this situation? This employee has made it very obvious that she is unhappy with the non-stock assistants absences. |
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Salaried Employee Requesting Time Off
posted at 11/12/2008 8:09 AM EST
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Posts: 15
First: 9/18/2008 Last: 5/13/2011 |
I'm guessing you really mean exempt and non-exempt. Salary and hourly are simply pay methods.
Since your two asst positions are so similar (based on what you provided) they should be classified the same. It also sounds like they do not fit the exemptions from DoL. If you reclassify to non-exempt ensure you go back and pay for any unpaid overtime. For your second question. If you do have an exempt employee and they do not have leave on the books to use, you can dock the salary in full day increments only. So if they come in for even a small part of the day, you can't dock for the day. But if they take the entire day off you can dock for the day. |
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Salaried Employee Requesting Time Off
posted at 11/15/2008 10:57 AM EST
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Posts: 22
First: 5/4/2008 Last: 11/15/2008 |
I had the feeling that neither one were exempt from overtime. The one that is exempt has no disciplinary issues. How should we approach making her non-exempt without making her feel like we are taking something away? |
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Salaried Employee Requesting Time Off
posted at 11/15/2008 11:12 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
You're not taking anything away - you'll be paying her for every hour she works + OT pay if relevant!
My own job is exempt, and I have to work at least 60 hours a week (and sometimes 80+ hours) just to keep on top of things. I'd be deleriously happy of my employer decided to pay me on an hourly basis + OT pay! |
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