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Exempt Employee Pay
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I have an exempt employee that reported to work at 8:00 a.m. and then needed to leave for the day due to a family emergency. My company has a sick leave policy under which we provide all employees 10
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Exempt Employee Pay

posted at 10/5/2009 10:21 AM EDT
Posts: 16
First: 8/9/2007
Last: 3/9/2011
I have an exempt employee that reported to work at 8:00 a.m. and then needed to leave for the day due to a family emergency. My company has a sick leave policy under which we provide all employees 10 sick days per year for which this type of absence is covered. My employee is stating that the company must pay her in full for the day as she reported to work and she should not be required to use her sick leave. Am I as her employer going against federal/state law reuiring her to use sick leave? I understand that I must pay an exempt employee in full for the day as she reported to work; however, I thought that I should be able to require her to use her sick leave benefits provided by the company? My company is located in New York.
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Exempt Employee Pay

posted at 10/5/2009 10:59 AM EDT
Posts: 155
First: 8/24/2009
Last: 2/9/2010
If she has sick leave available to her you may in fact require her to use (substitute) her accrued time for the time she was away from work. It is important to note that once this time is used up or she no longer has access to it you would be required to pay her in full for any partial day absence.

This DOL opinion letter will guide you and give you a clear understanding

http://www.dol.gov/esa/WHD/opinion/FLSA/2009/2009_01_16_33_FLSA.htm

Don Herrmann
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