Vacation or Sick/Personal Pay for part days

2284103

We seem to continually have a problem with supervisors putting through 1/2 days (or worse)for ee's who plan an afternoon or morning off. Even if they have paid vacation or personal time available and unused, should we still pay them for the full day because they are exempt, or can we pay them but also deduct the time from their accrued time off?

Dan

Generally, exempt level employees are only docked full days. I would continue to pay them for the full day and address the issue as a performance problem. Start progressive discipline with a write-up on attendance.

2284103

Thank you. Are you talking suggesting discipline and addressing the issue with the ee or the supervisor?

Also, how would you respond when they will ask why you can use up "hours" when an ee is covered under intermittent FMLA or on a temporary reduced schedule?

Dan

I think I misunderstood. If the employees, who are taking ½ days off, are non exempt then charge their PTO. Here at my company, non-exempt employees need to account for all of their scheduled hours. Then address the issue with the supervisor about giving employees time off without using PTO.

I believe, the hours being used up under intermittent FML, are specifically addressed in the FMLA that an employer can require an employee to use all accrued time.

2284103

No, I don't think you misunderstood. The employees are exempt. However, they still ask to use their accrued PTO when they want to take part of a day off. I think part of the reason is they think it won't reflect badly on their record (as an absence)if they use vacation time they have coming to them.

It's the supervisors that I have a problem with. They push for the payroll department to dock the ee's vacation bank for part days, such as leaving to go to the opening day game of the baseball season. They don't want to deny the request, when the ee asks to have the afternoon off as vacation time, but definitely don't want to pay them as a freeby.

Hatchetman

If these employees are salaried, exempt, under DOL intepretation of FLSA, you may charge the employee's accrued time balance for the pay out of salary for the partial day's absence (i.e., you still pay the full day's salary, but "recoup" the pay out of the salary for the time missed by charging accrued time balance for that missed time) without jeopardizing the exempt status.

But you still have to pay the full day's salary even if there is insufficient or no time left on the books to "cover" that partial day's absence.

Be aware in some states' charging accured time balances for partial day's absences of salaried exempt employees may be in violation of state wage and hour law (as to some extent in California). I do not know what the law is in Arizona. So, check your state's provisions, if any, on pay for salaried, exempts. If there are none, then most likely DOL's interpretation would be applicable or consult your legal counsel.