Exempt Absenteeism

Texas

i have a full-time, exempt employee who has missed 56 hours of work due to illness. she worked two 1/2 days during this time. the questions are: can she be forced to use accrued vacation/sick time before time off without pay? can i reduce her pay for the days she did not work at all if all paid time off is depleted?
thanks!

FunHRBanker

Is she eligible for FMLA??

"Deductions may be made when the employee absents himself from work for a day or more for personal reasons, other than sickness or accident."

However, I also found, "Deductions may also be made for absences of a day or more occasioned by sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for loss of salary occasioned by both sickness and disability." I cautiously suggest that you deduct the missed time from her paid time off. Be careful with the half days though, those get pretty tricky!!

FunHRBanker

I found something else that isn't so "legalese-y."

"If the employer has a plan that allows...6 sick days per year to all employees, and the salaried ee is absent for the 7th day in the year for illness, the ee's wages may be reduced for the 7th day, so long as the policy is in writing and the employee received a copy of the policy..."

Texas

Thanks for the info. I assume the policy itself should state the obvious? that one would not be paid if absent on the 7th day? Or could the policy state simply that 6 paid sick days per year are available?