Vacation or Sick/Personal Pay for part days
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We seem to continually have a problem with supervisors putting through 1/2 days (or worse)for ee's who plan an afternoon or morning off. Even if they have paid vacation or personal time available and unused, should we still pay them for the full day because they are exempt, or can we pay them but also deduct the time from their accrued time off?
Comments
Also, how would you respond when they will ask why you can use up "hours" when an ee is covered under intermittent FMLA or on a temporary reduced schedule?
I believe, the hours being used up under intermittent FML, are specifically addressed in the FMLA that an employer can require an employee to use all accrued time.
It's the supervisors that I have a problem with. They push for the payroll department to dock the ee's vacation bank for part days, such as leaving to go to the opening day game of the baseball season. They don't want to deny the request, when the ee asks to have the afternoon off as vacation time, but definitely don't want to pay them as a freeby.
But you still have to pay the full day's salary even if there is insufficient or no time left on the books to "cover" that partial day's absence.
Be aware in some states' charging accured time balances for partial day's absences of salaried exempt employees may be in violation of state wage and hour law (as to some extent in California). I do not know what the law is in Arizona. So, check your state's provisions, if any, on pay for salaried, exempts. If there are none, then most likely DOL's interpretation would be applicable or consult your legal counsel.