holiday pay for new exempt employee
pattycake
7 Posts
A new exempt employee was hired on Dec. 22, 2004 and it is our policy to have a 90 day probationary period for all employees. Our policy states that probationary employees do not receive any benefits (including paid holidays) until the first of the month following their 90 day probationary period. Would we be obligated to pay this employee for the Christmas, New Year's holidays that occur before the end of his probationary period because he is salaried exempt or can pay be deducted for those holidays?
Comments
If you are, I would not believe that you can deduct pay from his check. I know for our company, "exempt" ees do not really get "paid holidays." This is because they receive a salary, regardless of the hours they work. Depending on if they are weekly or monthly salaried ees, they are eligible to receive their entire compensation if they work any time during that week (for monthly, they have to work some hours for each week, or the amount of pay equal to any week where they did not record any work hours is deducted, excluding vacations). While the ees do not work the holiday, they are paid their salary for the week. If they do work the holiday, they do not receive extra pay.
Similarly, we do not deduct hours from exempt ees sick pay bank for missing anything less than one week. Again, if they record hours during the week, they are entitled to their total salary for that week. JMHO!
E Wart
I also like E. Wart's comment about abolishing the earlier policy. I did that myself because it was not consistent with the FLSA. The policy here was that any employee had to be on the payroll for a month in order to be paid for a holiday. I found my pay docked and, upon inquiry, was told that I hadn't worked here a month. The policy was not legal and, in effect, attempted to OVERRIDE the Fair Labor Standards Act. So I changed it. In order for it to not appear that I only did that to benefit myself, I had payroll go back three years and pay any employee who had been similarly affected. There were nine exempts who got a day's pay.
The policy in the original post, in my opinion, is not legal.
>notion that exempts do not get paid holidays,
>they just get a day off while their pay
>continues. I never had thought of it that way,
>but it's true.
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PORK
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