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exempt employee vacation
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exempt employee vacation
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If an exempt employee works a few minutes or hours on his vacation day, can his vacation balance be charged for a full day (in our case eight hours)? We are in California with fewer than 50 emp
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Forums » Topic Forums » Legal Forum » exempt employee vacation
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exempt employee vacation
posted at 4/18/2013 8:39 AM EDT
on Workforce Management
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Posts: 9
First: 11/17/2011 Last: 4/18/2013 |
If an exempt employee works a few minutes or hours on his vacation day, can his vacation balance be charged for a full day (in our case eight hours)? We are in California with fewer than 50 employees. |
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Re: exempt employee vacation
posted at 4/18/2013 10:03 AM EDT
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
Yes... you wouldn't be able to dock pay since he worked part of the day and I think you can dock PTO using the smallest measurement that you use. See the following for backup: http://www.yourlegalcorner.com/articles.asp?id=135&cat=emp "California employers may deduct time for a partial day absence from an exempt employee’s accrued paid time off, if the Company's vacation policy requires its employees use their vacation hours for illness when the employee does not have any more accrued sick days. According to the DSLE Opinion Letter, while a partial day absence cannot be deducted from an exempt employee’s salary, such an absence may be deducted from accrued paid time off, accrued vacation time, or fringe benefits without affecting the employee’s status as a salaried exempt from overtime employee." But you do have to be careful if there is no paid leave left...then you can only dock full days (and not always all of them depending on the reason missed) eta: I would consider having a policy on whether or not some hours worked on a PTO day will adjust back into PTO. Or some maximum worked and still required to take PTO. Do you really want to charge a full day to someone who only took 3 hours off for example? What maximum measurement do you use for PTO? I could see rounding a full hour and to me that would be fair to both sides. |
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Re: exempt employee vacation
posted at 4/18/2013 12:57 PM EDT
on Workforce Management
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Posts: 9
First: 11/17/2011 Last: 4/18/2013 |
Thank you rrupert. Today I found out that one of the managers put in several hours of work while on vacation. She considers this to be expected at her level of responsibility in the company. The problem is that we do not yet have written policy on the matter and I have allowed other exempt employees to offset their vacation day with salary. For example, if an exempt employee spent 3 hours on his iPhone working, I would only charge 5 hours vacation for the day. I am curious what other companies are doing. |
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Re: exempt employee vacation
posted at 4/19/2013 9:05 AM EDT
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
that is pretty much what we do at our corporate offices. If an exempt works a partial day, then only the rest of the partial day is deducted from their PTO. But we allow for PTO in 1 hour increments. Another subsidiary only allows vacation full days so they have to take the full day. Part of it depends on the business needs of the actual company/location. It would be good to get a policy written down so that there is some consistency in how it is handled. |
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