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Jun29

Exempt Employee working from home using partial sick time.

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If an exempt employee calls in sick and “works from home” for 4 hours, b/c we have a standard sick, vac and personal time policy can we allocate 4 hours of work and 4 hours of sick time (deducting from their sick leave accrual)thus not reducing their pay?

Yes. Under the federal FLSA, the exempt employee must be paid his or her usual wages for the day. But the federal regulations allow employers to use part of the employees sick leave of PTO for any unworked hours. (A few rouge federal courts have thrown this out in some restricted areas.)

Because you have *works from home* in quotes, it sounds like you do not believe that the employee did any work. If that is the case, you might want to establish a policy that exempt employees cannot work from home without permission, or cannot work from home, period. This would eliminate exempt employees taking the day off and claiming they were working from home. Or, you could put measures in place to document the employees output while working from home.

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This entry was posted on Monday, June 29th, 2009 at 6:44 am and is filed under
Compensation, Human Resources Management.
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2 Responses to “Exempt Employee working from home using partial sick time.”

  1. Niki Deluna Says:
    December 31st, 2009 at 3:16 am

    Nice article. This is especially relevant in todays society given the increase in crime levels particulary related to home thefts and break ins.

  2. Caitlin Says:
    December 31st, 2009 at 8:32 am

    Thanks Niki!~Caitlin

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