Sick leave - exempt

[font size="1" color="#FF0000"]LAST EDITED ON 07-31-08 AT 10:38AM (CST)[/font][br][br]If an exempt employee is out sick for the day but has to come in to cover for someone for a few hours, can her sick bank be charged for 6 hrs but paid for the whole day? I was told that if an exempt employee works any hours on a day they can't be charged for any sick time but I'm not sure if that is true.

I'm fairly new at this and will be here a lot I'm sure! Thanks for your help.


Oops. I see I posted this in the wrong group. Should have been posted in the Wage and Hour forum.


  • 5 Comments sorted by Votes Date Added
  • Exempt ee's must be paid in full for the day. You can pay them normally for the 6 hours they worked and add 2 hours of sick time so their total compensation for the day comes to 8 hours - doesn't matter how you account for that time, just so they are paid for it. You cannot pay them for a partial day, that may be where the confusion is coming from. The problem with having a sick bank for exempt ee's is what do you do if that bank is depleted? The ee must still be paid for 8 hours each day even if they are sick part or all of a day. Exempt ee's can be docked for personal business, but not sickness.
  • Thanks so much Ray. That makes sense.

  • Although you cannot dock thier pay if they are out of sick time, you can discipline them. So if someone makes a habit of using up sick time then also coming in so they can get that 8 hours, and then going home sick, you can absolutely discipline for using more than the allowed sick time. Just wanting to share that so someone does not think an exempt employee can abuse the system and they have no recourse.

  • Word of caution: You should look at your company's history of this type of event and any written policies. We have historically NOT charged an exempt employee's leave time, so if we suddenly did so and the employee was in a protected group we could end up being sued.

    If we decide to change our policy, we will have make sure we put it in our written policies and document that our employees have been informed of the change. Check your policies and how your company has done things in the past before you dock the employee's leave bank.

    Good luck!

Sign In or Register to comment.