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Exempts - time out of office
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Exempts - time out of office
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
15 emp/all exempt. Sick leave (6 days per year)and vacation policy in place, however, emp'ees continually want to be able to take time out for app'ts (doctor,dental, etc) without using sick leave beca
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Forums » Topic Forums » Legal Forum » Exempts - time out of office
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Exempts - time out of office
posted at 7/21/1999 9:03 PM EDT
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Posts: 67
First: 7/20/1999 Last: 6/30/2000 |
15 emp/all exempt. Sick leave (6 days per year)and vacation policy in place, however, emp'ees continually want to be able to take time out for app'ts (doctor,dental, etc) without using sick leave because "I had a late flight and didn't get in until 2A" or "I worked til 8P last night" They're looking at this as comp time. I have said exempt means they have to work whatever it takes to do the job - well, they do that, but then think they don't have to use their sick time since they worked a long day. Also, they want to be able to leave for "vacation" at noon, not be docked vacation time, and then have their official vacation time start the next day.
How to handle?? I'd like a foolproof response to employees who have this outlook!! Thanks. |
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Exempts - time out of office
posted at 7/22/1999 1:12 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
I don't think there is one that's foolproof. We explain to our salaried people that salary is not synonymous with flex-time. We expect them to be at work from X-to X each workday. Our attendance policy addressess tardies/leave-earlies - they get 5 in a sliding 12 month window - at #6, we'll have a conversation. Reasons are immaterial -- they aren't here, and that's it. In order to avoid attendance warnings, they would need to dig into their alloted paid time. Continued abuse leads to written warnings, and then either termination or removal from the salaried ranks for the abuse. They would be paid an equivalent rate by the hour "on the clock". Even at that, continued abuse is termination. The first responsibility of any employee is to come to work - what you'll accept for attendance is up to your company.
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Exempts - time out of office
posted at 7/23/1999 2:51 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Whether or not the empoyees are FLSA exempt is not really the point here (except, of course, that you cannot dock exempts' pay); employers are allowed to enforce their tardiness/absence control policies!
It sounds like you have an epidemic of employees asking to be excused from the policy for a variety of (unacceptable) reasons. Once you start granting some requests for dubious reasons, you create a potentially serious problem for yourself-- how to say no to the next request. You certainly don't want to open the company to allegations of discriminatory enforcement, in the context, for example, of a lawsuit brought by an employee terminated for violation of the policy, who alleges that the policy was not enforced against others as it was against him/her. |
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Exempts - time out of office
posted at 7/23/1999 6:55 PM EDT
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Posts: 7
First: 6/26/1999 Last: 7/23/1999 |
Actually I think your employees are right. Conversly, when they work that "long day" are you paying them overtime? I assume no since they are exempt. You can"t have your cake and eat it too.Salary cannot be docked for quality or quantity of work.As long as 1 hour in 1 wk is work then full salary is due.They "have to work whatever it takes to get the job done" is true, but, if an efficient employee can get it done in a shorter period of time then so be it. You had better be careful, it sounds like you are treating "exempt" employees as "hourly". You cannot dock partial days on an exempt because of the "1 hr rule". |
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Exempts - time out of office
posted at 8/16/1999 11:30 AM EDT
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Posts: 1
First: 8/16/1999 Last: 8/16/1999 |
You comment that if 1 hr worked in 1 week is work then full salary is dues -- however, full day absences can be docked can't they? So, how does docking for a full day absence differ from paying full salary for a week in which one hour was worked?? |
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