Exempt Status/Unexcused Absence Issue

Shannon D

Our company policy is 4 unexcused absences/tardys in a 90-day period being considered excessive. I have an exempt manager who has had several unexcused 1/2 day absences in a 90-day period. We do not dock this manager his PTO for these absences unless they are full days, nor do we document these 1/2 days on a time sheet in order to keep from violating his exempt status. We view his leaving work early for his unexcused absences as a performance issue and wonder if anyone knows of any areas that we may be violating. There are no FMLA concerns, nor ADA..just common colds, back hurting, etc. Any advice is appreciated. Thank you.

Hatchetman

Nothing in FLSA, or the other laws you mention without more specific information, prevents what you are doing.

I assume that since Nevada is an at-will state x:D, there is no problem under state law.

marc

As long as he has time in his bank, you can dock for part days absences with a bona fide sick leave policy in place. That will not effect his exempt status. Hatchetman is correct about Nevada following the doctrine that I am now calling the "At-Won't" doctine.