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Make up time lost

Should non-exempt salaried employees be allowed to make up time lost instead of being docked pay?

There is no legal requirement in any state that a non-exempt employee be allowed to make up time they have missed. Nor is there any requirement that the non-exempt employee be paid for the missed time. This is purely a matter of company policy. Our recommendation is that the employer make a determination based on business needs in each individual case.

Suppose Sally is a non-exempt bookkeeper. Sally misses work on Wednesday, and there is a lot of paperwork piled up. Sallys employer can legitimately require that she work later during the week, or work on Saturday, to make up the time  (as long as it is in the same payroll week.)

However, Tom is a receptionist. He misses work on Wednesday. There is little or no extra work for Tom to do on Saturday. The employer is under no obligation to allow Tom to make up this time, and we would recommend that the employer NOT permit him to. If the employer permits Tom to make the time up (to earn his full salary for the week) it sends the message that Tom can basically come and go as he pleases — a dangerous precedent to set.

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This entry was posted on Saturday, September 12th, 2009 at 4:03 pm and is filed under
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