Exempt- white collar- dock?

Nrdgrrl

Correctly classified exempt ee uses up FML and sick time. Now, they are out sick and have no PTO time. If they are out for a whole day, can they be docked? If you can give me the FLSA rule on this particular question, I will be forever grateful!

Also, if you term an exempt ee in the middle of the week, do you have to pay the whole week?

Nrdgrrl

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 09-10-03 AT 11:05AM (CST)[/font][p]Yes, the exempt employee who has exhausted sick pay benefits may be docked for the full day of absence due to illness or injry.

Take a look at the Code of Federal Regulations, volume 29 - 29CFR541.118(a)(3).

Regarding the partial week's pay for the intial or final week...you may pay only the actual time worked in the initial and final weeks.

Take a look at 29CFR541.118(c)

[url]http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr541_02.html[/url]

lharper

My understanding is that when FMLA time is exhausted, employee is no longer protected by it. If PTO time is gone, we terminate employee for consistency's sake. I think the law states that if an exempt employee is out for the day and no work is performed, he/she can be docked.