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Nov25

vacation or sick time for exempt employees

Benefits
Total Compensation Summary
Performance Improvement Plan
Performance Appraisal and Review
Employee Payroll Status/Change Form
Employee Change Form

Are exempt employees required to take a full vacation or sick day if they work part or half the day. Example work 4 hours and take 4 hours personal leave or sick.

This is a matter of company policy, not employment law. Under the federal FLSA or Fair Labor Standards Act, an exempt employee must be paid his or her full salary for any day in which the employee does any work at all — even 15 minutes of work or less. However, the law address the amount paid — not how it is tabulated by the employer. The employer is free to count the unworked hours as sick leave, vacation, etc. if that is the company policy. As long as the policy is enforced consistently, there is no problem with that policy.

In a very few jurisdications (California) the courts have ruled that the employer cannot count partial days missed as sick or vacation time. But in 98% of the US, this is lawful.

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This entry was posted on Wednesday, November 25th, 2009 at 11:59 am and is filed under
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