Probation for exempt employee

M in AZ · May 2004

Does anyone know if "probation period" is legal for exempt employees. Available sick/vacation days are not available for 90 days - employee wants to take 1/2 day for personal business. Their available days are not activated until after probation. Can the employee be docked for missing 1/2 day?

lnelson · May 2004

No you have to pay them for the half day off. You can deny the 1/2 day off.
Probation period is usually in order to withhold benefits for exempts or review their performance.

You cannot dock their pay even if probationary period unless full day absence.

Don D · May 2004

Unless a probationary period is outlawed by your state, which I doubt, you can have a probationary period for any and all employees. Apparently your company has determined that there is some value to having it; go for it, but you can't dock for the half day if the person is paid a guaranteed salary. Now if you by chance have an exempt employee that you guarantee a certain salary to and pay them on an hourly basis and will meet the guarantee with the hours they've worked, you could pay them only for hours worked. But, please tell us you aren't using such a system.

M in AZ · May 2004

I appreciate the input. No, I am not guaranteeing a salary and paying hourly. That truly would be a nightmare - and drive me out of the HR department. The salary is paid on a fixed biweekly rate.

Probation for exempt employee

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