Exempt Employee
How is missed time from work by an Exempt Employee on salary that has exhausted their vacation/sick pay handled in Florida?
The relevant law here is the federal Fair Labor Standards Act. Florida has a minimum wage law, but it doesn’t address this issue.
Under federal law an exempt employee’s salary can be docked when the worker misses an entire day of work. However, if the employee works even 1 hour that day, he or she must be paid the salary for the entire day.
Many employers discipline an employee who uses all of their available sick or vacation time, and takes additional days off. It’s perfectly appropriate to discipline a salaried employee who takes too much time off.
Of course, if the absence is FMLA leave, the employee may not be disciplined for it. FMLA entitles an employee to up to 12 weeks of unpaid leave per year.
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