Exempt EE/Negative PTO
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I am hoping someone will be able to help me on this issue. We have a policy that employees who take time off must use their PTO hours. This is for exempt and non-exempt employees. For the exempt employees who do not have enough PTO will go in the negative. We have an exempt employee who is currently negative -51 hours of PTO, and is not FMLA eligible. Do we have to pay her for full days taken being an exempt employee? If she terms can we collect the $ from her borrowed PTO? etc. Any suggestion(s) would be deeply appreciated
Comments
It seems to me that you are violating FLSA if you go into negative time and have the employee do a "make good" for negative hours.
As far as collecting upon term, you can only do so if you have written authorization from the employee that they agree to let you deduct that amount from their paycheck. (Usually good luck on that one!)