exempt lwop

NaeNae55 · December 2009

If we have a situation where an exempt employee wants to take a day of leave without pay, and we want to give it to them, does our PTO plan have to specifically state that they can take personal days lwop? Is it enough just to have a legitimate leave plan in place?

joannie · December 2009

IMO, since your PTO plan is a "Paid Time Off" plan, and this would be approved unpaid leave, I don't see why you would need to address days off without pay in it. But, and I'm sure you have already thought of this, you would need to be sure the one day's deduction from pay does not put the employee under the minimum weekly wage threshold for an exempt position.

NaeNae55 · December 2009

Thanks Joannie! I was fairly certain we were ok, but wanted to make sure.

dbutton111 · December 2009

You don't have to worry about the weekly wage minimum either. It's allowed under DoL to dock wages in full day increments and it won't affect the exempt status.

exempt lwop

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