FLSA Question

LindaS

If an employer doesn't have a paid time off policy for bereavement leave and an exempt employee misses three days from work due to a death in the immediate family (father), can the employer legally dock that employee's wages for the three days missed? Can the employer demand that the employee use vacation time to "cover" those days to allow him to receive payment?

Rockie

There is no legal requirement to furnish paid leave of any type in lots of states. If there is no bereavement leave policy and there is vacation time available, then I would hope they could take the vacation days; otherwise, if there was no leave available, the company could legally dock.

Do I think this is a good thing? No. It seems to be a very cold approach to employees that have suffered a death of a close family member.

I would suggest the company reconsider and put some type of policy in place for bereavement.

Shadowfax

Yes. A full days absence for personal reasons is legitimate reason for e/er to make deduction. And, if the e/ee wants to be paid, he can use vacation time.

LindaS

Another question...

What if the employee, in the days prior to needing the time off, worked 12 hours per day? Would the employer still be able to deduct 3 full days pay? I know someone is probably going to remind me that an exempt employee is hired to do a job, not for the hours they work on the job but I think it truly stinks that an employee, who traditionally puts in 10-12 hour days and then has something like this happen can be "docked" their pay.

Shadowfax

But you're arguing 'policy' not regulation. How often did you tell your kids life ain't fair? I agree, it seems harsh, but if you want to abide by the letter of the law, you can.

Hatchetman

If you are docking full day's pay from an exempt's weekly salary, you pro-rate the dock based upon the number of days the exempt employee regularly works in the week. Thus if he works 5 days a week, for example, and is absent one of those days, your dock would be one fifth of the weekly salary. Consequently, it doesn't matter how many hours he may work in a day.

Don D

I agree with Rockie. Scramble and implement an 'employee friendly' bereavement leave policy, starting with this employee. It will pay far greater benefits for the company than the piddling amount of money it will cost. This becomes an issue not of 'what can we do' but 'what should we do'. x:-)

ritamcguire

The best response yet is Don's comment to not just start a bereavement policy, but more importantly make it effective for this employee.

I agree with the other posts. Bereavement policies have become standard in almost all work environments (2-3 days seem to be the norm). Basic human decency would mandate them. But from a practical standpoint, I wouldn't want an employee around my machinery or driving one of my trucks with the death of a loved one on their mind and worse yet the guilt of not being at the funeral because they couldn't afford to take a day off from work without pay. I believe you would have an extremely disgruntled employee on your hands for the limited time he/she would continue working for you.