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No PTO left

nohr4u1yrnohr4u1yr 218 Posts
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Good morning!

I have an employee that is exempt - had a procedure done last Thursday (was off all day) Friday came in for 1/2 hour because she wanted to get paid. This morning she came in for 2 hours and left for the day. She does not have any PTO time left. Since she is exempt and came into work do we have to pay her for the full day? These things get tricky so I wan to be sure I am giving my boss the correct information.

Thank you!!
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  • 7 Comments sorted by Votes Date Added
  • HRCalicoHRCalico 582 Posts
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    Good thing you're an HR Nazi, because the standard is that if an exempt employee performs 15 minutes of work in a day, they are to be paid for the day. Good luck breaking that news to your boss.

    However, the employee is hired to perform a certain amount of work regardless of the time it takes, and she cannot be completing it with this schedule! There it becomes a performance issue. Can you offer her an unpaid leave of absence (do you want to)?

    Of course, without details, you may have to look at ADA, FMLA, whatever.
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  • nohr4u1yrnohr4u1yr 218 Posts
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    I just wasn't sure if there was a specific amount of time they needed to be present. She actually is a very good employee except for this one issue - she worked the system!!

    Thank you!!
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  • ShadowfaxShadowfax 910 Posts
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    I have never heard of the 15 minute standard. Please elaborate.
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  • RockieRockie 2,136 Posts
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    Did she have a doctors' excuse to return to work? If she did not, I'd advise her not to return until she could come back and perform the duties of her position. She is DEFINITELY working the system. If she can't come back at full steam...she should stay out until she is released.
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  • SystemSystem 5,885 Posts
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    Agreed. She seems unfit for duty. I'd also tell her bluntly that it seems she's working the system to cheat the company out of money, and she needs to stop.

    You might want to suggest that she ask her doctor whether it's an FMLA condition, which would protect her job. (Sssshhhh! It also would allow you to impose unpaid leave for part-day absences -- I think.)

    There's a good article I always recommend whenever this topic comes up. It's from Kansas Employment Law Letter, "Saving PTO for a rainy day -- and handling exempt employees who don't," April 2002. You can find it by logging in to the Subscribers Area of this website. The article was written before the new overtime regulations, and I'm not sure if the new regs change anything in this area.

    Good luck!

    James Sokolowski
    HRhero.com
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  • nohr4u1yrnohr4u1yr 218 Posts
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    Thank you! I will research that article.

    Have a great day!
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  • pork1pork1 1,054 Posts
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    JAMES: I am surprised that you are not sure that there are some new twist to the FLSA as it pertains to EXEMPTs being charged for certain time off during a work week. There is a change and EXEMPTS can be charged now, I have never heard of an amount of time it might be required to pay an EXEMPT employee for the 40 hour work week in which they have worked.

    If they are still on the payroll you used to be required to pay the employee, the agreed to amount of salary for the pay period. There are now exceptions to this old rule and you may adjust the salary based on a pro-rated day of work, but make sure you understand the "whens" and "whys" you are docking the salary for prorated days of work.

    Google FLSA, AUGUST 23, 2004.

    PORK
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