Forums
Vacation and exempt
Legal Forum
Vacation and exempt
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Is it legal to deduct from an exempt employee's accrued vacation time for partial day absences? Obviously, one cannot dock pay when this runs out, but if it is there, can you force employee's to use i
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17406
Forums » Topic Forums » Legal Forum » Vacation and exempt
|
Vacation and exempt
posted at 7/15/1999 6:31 PM EDT
|
Posts: 11
First: 7/15/1999 Last: 2/14/2000 |
Is it legal to deduct from an exempt employee's accrued vacation time for partial day absences? Obviously, one cannot dock pay when this runs out, but if it is there, can you force employee's to use it. The _Georgia_Employer's_Guide_ makes reference to a recent court case in which the judge declared this legal. Are you familiar with the case? |
|
|
Vacation and exempt
posted at 7/17/1999 2:51 AM EDT
|
|
Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
I'm not familiar with the case, but it's a practice I successfully use; exempt employees who have "time" (vacation, sick, personal, merit, etc.) must use it to cover absences, or fall victim to the attendance policy.
In cases involving FMLA, we require paid-time to be substituted for unpaid leave upfront (at the outset of the leave to the extent that paid time is available). |
|
|
Vacation and exempt
posted at 7/17/1999 9:07 PM EDT
|
|
Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Yes, they would have to, except under certain specific conditions, in order to maintain the exemption. however, because an employee is on salary, doesn't mean they don't have to come to work.
There is nothing that protects a salaried employee from your policies regarding absences. Excluding docking, there are other forms of discipline available. if you don't have a policy for attendance/tardiness, I'd suggest you create one. Salary is a form of wage payment -- not carte blanche to be late or absent if that's not the way you want it. For example, my salaried people get vacation time and personal time, and can use it with approval to cover absences; once they are out of "time", and don't come to work, it is an absence. They are subject to progressive discipline after missing three days in a year, starting with a "chat" about coming to work, and ending in termination for policy violation if absences continue. |
|
|
Vacation and exempt
posted at 7/18/1999 11:34 PM EDT
|
|
Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
If you don't pay them, you risk losing the exemption. Because you paid them based on compliance with salary rules, doesn't necessarily mean the absence is acceptable. You are not allowed to dock the salary amount based on the quantity or quality of work.
|
|
|
Vacation and exempt
posted at 7/19/1999 12:03 AM EDT
|
|
Posts: 23
First: 6/17/1999 Last: 4/3/2001 |
My understanding of DOL standards is that you can deduct vacation or PTO hours in less that full day increments for exempt employees, but when the accrued leave runs out and an exempt employee works a part of a day (and is absent for part of the day), you must pay them for the full day. |
|
|
Vacation and exempt
posted at 7/19/1999 12:38 AM EDT
|
|
Posts: 323
First: 6/15/1999 Last: 9/9/2011 |
...and my understanding is that when accrued leave runs out you must pay them for a full day even when they are absent for the full day.
Mr. Carabetta is reminding us that FLSA exemption does not equal attendance policy exemption. I am still curious about "good" practices for initiating progressive discipline, Leave Without Pay, etc. when the exempt employee has used accrued leave and needs more days off in that time period. In SOME organizations I know, the three days before progressive discipline begins would be taken to mean three extra days of leave each period. |
|
|
Vacation and exempt
posted at 7/19/1999 12:54 AM EDT
|
|
Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I'm not familiar with the case but, in light of the lively response your posting has generated, would like to read it. If you have the cite and are willing to send it to me, I will read the case and share my thoughts. |
Forums » Topic Forums » Legal Forum » Vacation and exempt
