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Mar21

Exempt employee paid for sick day if only has 6 hours sick leave accrued

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We hired a new salaried employee in February. He only has 6 hours sick leave time accrued. He was out one full day in March for sick leave. Is he paid for this day or not? We are a governmental entity in the state of Texas.

You can pay this employee only his 6 hours of sick leave for the day.

Under the federal FLSA or Fair Labor Standards Act, when the employer has a bona fide paid sick leave plan, and the employee exceeds his or her accrued sick leave, the exempt employee need not be paid his or her usual salary.

If the employee misses a second day, you need not pay him at all for that day, because it is in excess of his accrued sick leave.

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This entry was posted on Sunday, March 21st, 2010 at 6:09 pm and is filed under
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