Exempt employee - pay during holiday week

asrobertson

We recently hired a temporary exempt employee. With the holidays approaching, will we be required to pay the employee for holidays observed by the company?

sonny

Our policy states that only full time regular employees are eligible for holiday pay...part timers, contract, temps. no. .

NaeNae55

Why is a temporary employee exempt? How long will they be working for you? We always pay temps on an hourly basis, so the issue doesn't come up. But my understanding is that if an employee is exempt and they work part of the week, you have to pay them for all of the week. The only exceptions are first and last weeks of employment, and FMLA situations. As far as I know, temps are not excluded in the regulations.

Still Need Coffee

In our policies we designate who is eligible for holiday pay - and it is regular, full time employees only. The policy specifically excludes contractors, temps, and interns from holiday pay.

dbutton111

Those of you that exempt temporary workers may want to take a look at your policy vs the FLSA. If the temp is an exempt employee you MUST pay for the entire week if you close for a holiday. Period. Exempts must be paid for the whole week.

ACU Frank

There are exceptions to the "must be paid for the whole week" bit.

NaeNae55

[QUOTE=ACU Frank;722982]There are exceptions to the "must be paid for the whole week" bit.[/QUOTE]

You are right, but as far as I know they are only the ones listed above and anything falling under a bona fide sick leave plan. Perhaps this is one the original poster should take to their lawyer.

dbutton111

[QUOTE=ACU Frank;722982]There are exceptions to the "must be paid for the whole week" bit.[/QUOTE]

Of course Frank. Sorry, I wasn't talking about "in general" I was discussing this specific question about holidays.