One more exempt issue
HR inWA
21 Posts
I've read all of the previous posts on exempt employees taking vacation in 4-hour increments etc. However, I still have a question that I'm hoping someone can address. During the summer, our office operates on "summer hours". Mon-Thurs 9 hours per day, Friday 4 hour day. Our exempts don't know what to do when it comes time to take a day off. Do they request 8 or 9 hours of vacation? What if they take a Friday off? Is it 8 hours? 4 hours? 0 hours? Throughout the rest of the year, we have an unwritten policy that exempt people take vacation/sick in 8-hour increments ONLY. However, summer hours bring up a totally different situation. I want to make a rule that is fair/generous to the exempt employee but also takes into account that the majority (but not all) of our exempts work 40 hours per week or very close to it. I don't mind leaving it in the hands of my managers - but I at least want to give them some guidance on what they should typically do. Has anyone ever dealt with this specific situation before? Can I have an 8-hour block policy in the winter and then change it in the summer? Help?
Comments
It considers that when the exempt employee works five days a week, then each day is 1/5 of the salary for the week. So, it doesn't really matter how many actual hours the exempt employee didn't work on the day the absence is taken.
I tried to find that opinion on the DOL website, but cannot. Do you know where I might look?
But here is perhaps an easy access for indirect confirmation of the US DOL's Opinion, although it may be a little confusing when I explain the access.
The California State Department of Industrial Relations does place on its website its formal opinions issued by the "Labor Commssioner" through its enforcement arm, the Division of Labor Standards Enforcemnt. One of those Opinions discusses 4/40 and references one of the DOL Opinion letters that identifies the DOL position I referenced in my first post.
I realize you're in Washington state. But I am only referring the California Opinion so you can at least get indirect confirmation of the US DOL Opinion.
The wesbite link is [url]http://www.dir.ca.gov/dlse/opinions/2002-05-01.pdf[/url]
The California Opinion was issued in May of last year so its still viable. You'll need Adobe Acrobat to read it since its in pdf format. It addresses 4/40. The reference I made to 9/80 was from another DOL Opinion letter. But they both say essentially the same thing on the issue.
Read the entire Opinion...it doesn't start off directly speaking to the issue, but it gets you there and then goes on to address another issue. It was an e-mail inquiry and response, but it is on the DIR website, so I consider it "official".
Good luck. I hope this helps. I assume you want ot show it to the senior managers and executives. Post again if it doesn't work and I'll try to mail you a copy of the replica.