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Salaried & Partial Days
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Salaried & Partial Days
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I have an employee who came in late, worked 20 minutes, and then went home sick. With salaried employees we always follow the rule that if they are here for any portion of the day, they are paid in fu
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Salaried & Partial Days
posted at 7/24/2009 3:37 AM EDT
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Posts: 9
First: 4/15/2009 Last: 7/24/2009 |
I have an employee who came in late, worked 20 minutes, and then went home sick. With salaried employees we always follow the rule that if they are here for any portion of the day, they are paid in full for that day. It is my understanding that we are required to do that by law. Her supervisor says he wants her charged a personal day. She even said to charge her a personal day. However, they can say what they will but just like with OT and salaried vs. hourly employees, the law overrides that. I just want to make sure I understand this correctly that we are required to pay her for the full day. |
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Salaried & Partial Days
posted at 7/24/2009 5:33 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You are required to pay her for a full day, but the law doesn't speak to where that money comes from -- regular wages or a PTO bank. The Federal DOL under FLSA just states that she must be paid. The only state that might have state law regarding this issue that I know of would be California.
The only time pay docking comes into play really is if the exempt employee runs out of PTO -- and even then if the company provided a "bonafide" sick plan, you could then dock for any full day she missed for sickness reasons. But you couldn't dock her salary for a partial day, even if she only worked 20 minutes. So in our company, the employee's PTO would be docked, but the employee would still get full pay. |
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Salaried & Partial Days
posted at 7/24/2009 8:16 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
I would only add that if has been your company's policy to pay for the whole day if they came in, and you are modifying that policy on verbal instructions from a single supervisor, you could be creating some problems for the company, especially if this employee falls into one of the protected classes.
We have a policy that if an exempt employee comes in for any portion of the day, they get paid. As much as that creates the opportunity for abuse, we approach any discipline associated with their absense as a performance issue and will not penalize isolated incidences by charging their leave banks when the spirit moves a random supervisor. |
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Salaried & Partial Days
posted at 7/24/2009 8:35 AM EDT
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Posts: 9
First: 4/15/2009 Last: 7/24/2009 |
MarcNV, that is exactly my concern. This supervisor just recently started supervising inside sales again and has picked up a group of people that are not used to someone noticing when they are late or having to actually call and talk to the supervisor and not a co-worker when they are going to take an unscheduled day off. He has become a babysitter of rebellious sneaky pete's and he is not a happy camper. |
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Salaried & Partial Days
posted at 7/24/2009 9:00 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
A reiteration of the policy to all with the consequences would probably be appropriate at this point. A couple of applications of that policy - and deductions from PTO/sick leave - should probably get everyone in line. |
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Salaried & Partial Days
posted at 7/24/2009 10:18 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Let me offer this and it kind of piggybacks on what others are saying.
There is no better time for new rules than when a new leader arrives. So decide on what the rules are; publish them and then enforce them. That way, regardless of so called protected class, everyone has the rules explained and know what will be enforced. I cannot think of a single legitimate reason why anyone in any protected class would suffer adverse or disparate impact because the company will now charge their leave bank for partial day absences. |
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Salaried & Partial Days
posted at 9/10/2009 8:12 AM EDT
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Posts: 11
First: 9/10/2009 Last: 11/23/2009 |
Just keep in mind that "exempt" employees who work a portion of the day are entitled to full day pay with the exception of FML. What can be done is if this becomes a pattern, begin disciplinary procedures. Any full day the employee is absent that is not related to illness, the manager can doc from PTO, personal or vacation leave. |
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Salaried & Partial Days
posted at 9/10/2009 8:54 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Actually benecomp, besides the fact that this is a 2-month old post, partial day absences can be paid from a bona-fide time off plan, just a rrupert illustrates above. The full day need not be paid out of regular wages, but the individual must be kept whole. The caveat is that of course the plan must have time in it for the option to be viable. The employer can in fact dictate it. Under FML, partial day absences attributed to the reason for FML can actually result in a reduction in salary consistent with the time absent. |
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