Sick Leave

jeanj · December 2003

I am under the impression that exempt-salaried people with no actual company provided sick leave are able to get up to 5 days sick leave ... does this sound familiar to anyone?

I have a situation coming up and I will need to know if this is a law or not. We are in Oregon but I was thinking this was a federal thing.

Any help will be appreciated

Don D · December 2003

Jean: This would not be a federal thing. If it exists at all, it is the policy of a specific employer. Ours is similar. We don't have a specific 'sick leave' policy for our exempts. A general rule of thumb is that absences they claim as sick-related, non-FMLA, are ignored/excused with no penalty or paperwork and typically if they go beyond seven, we look at discipline of a very minor nature.

Hatchetman · December 2003

I agre ewith Don.

FLSA itself doesn't require that there be a sick pay mechanism, such as accrued time balance. However, if the emplyer wants to dock a full day's absence due to illness or injury from the salary, thern there must be such a compensation mechanism.

If there is no pay mechanism, then the emplyee is legally entitled to the full salary for th eday if he or she is absent for the day due to illness or injury.

I think where the five day concept comes in is through the general provision in the regulations for salaried, exempts that the employer is NOT required to pay the exempt employee's salary for the week if he or she performs no work during the week at all. Thus, if the employee is out ill for the entire week, it can be argued that even if there is no sick pay mechanism as required by FLSA regulations that the full week's absence due to illness or injury results in no salary for that week.

ray a · December 2003

Same here. I tell our exempt ee's they have unlimited personal/sick time as long as it is reasonable. Our non-exempt ee's get 3 days of paid sick time. So, we use that as a "rule of thumb" for exempt ee's. But, we don't do anything until they get above 5 days then we look at the reasons why they have missed that much time and counsel as necessary.

jeanj · December 2003

Thank you for the info...I just wasn't sure where I had heard the 5-day thing.
You guys are not only cute you're helpful!!

Parabeagle · December 2003

>You guys are not only cute you're helpful!!

Careful, Jean. You'll give them swelled heads.

sonny · December 2003

give them?????

ray a · December 2003

Hey you two... Jean is obviously a woman of exquisite taste and refinement. Beagle, you're just jealous because you didn't post before she gave us the compliment. And Sonny, we are still waiting for your picture.

Parabeagle · December 2003

Actually I didn't post because I was busy. Otherwise, I would have.

And sonny, Ray's right. Still waiting for the picture, you know. x;-)

sonny · December 2003

Still trying to figure out the digital camera
x:-8

Parabeagle · December 2003

Suuuuure you are. You stick with that story. x;-)

ray a · December 2003

Sonny, I have confidence in you. Afterall, you did finally figure out how to post the emotion icons.

Don D · December 2003

The lady has a serious question and there you two go again, hijacking the Forum.

Sick Leave

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