Disciplinary Suspensions for Exempt employees
Christine M
66 Posts
What rules are there regarding suspension without pay for exempt employees? One publication I have cites that for major safety violations (only) exempt employees may be suspended in single day increments and that suspensions for any other reason must be in full work-week increments. It further suggests that the employer should consider reducing accrued leave time in lieu of unpaid suspensions.
1. Is the information correct
2. Can we legally reduce earned leave (i.e. vacation)?
Thank you for any help and suggestions you might have.
1. Is the information correct
2. Can we legally reduce earned leave (i.e. vacation)?
Thank you for any help and suggestions you might have.
Comments
Hope this helps. If you need further information, give me a call at (413) 737-4753 or email me at [email]sfentin@skoler-abbott.com[/email].
Susan Fentin, Associate Editor, [link:www.hrhero.com/maemp.shtml|Massachusetts Employment Law Letter]
[link:www.skoler-abbott.com|Skoler Abbott & Presser, P.C.]
Let's say I have an exempt emloyee whom, after an investigation, was found to have sexually harassed another employee. The conduct wasn't severe enough to warrant employment termination but we feel a suspension (w/o pay) is in order. Based on your comment, you seem to suggest that we can suspend the guy but it must be in weekly increments? Is that correct?
In the event we choose to suspend the employee for disciplinary reasons, do we need to suspend for five work days (equivalent to one week), or must it be for 1 full workweek as defined in our policy, i.e., Sunday 12:00am - Saturday 11:59pm?
The exact number of days of the suspension -- whether it be just the five actual work days of the work week (assuming the exempt employee doesn't work more than five days in a week) or the seven days of the "work week"(including the weekend) -- really depends on your policy requirements in terms of the appropriateness of the length of the suspension to the infraction and the way you've worded your disciplne policy.
Susan Fentin