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Jul20

Exempt employees PTO and leaving early

If an exempt employee leaves early on occasion and works overtime on occasion can i require the employee to use PTO for times they leave early and still not pay them for working late?

Yes, as long as the employee is exempt. As the employer you determine how many hours per week the exempt employee is expected to work, to meet your performance standards. There is no standard 40-hour work week for exempt employees. You can expect the employee to work 50 hours per week, and deduct PTO time when the employee does not.

However, if the employee does not have any PTO time left, you must still pay the full salary for the week. (There are exceptions under FMLA, ADA, for sick time and for time off for personal business.)

An exempt employee is never entitled to additional pay for working more hours in the payroll week. Nor are you required to give the exempt employee compensatory time off at some point.

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This entry was posted on Tuesday, July 20th, 2010 at 3:44 pm and is filed under
Compensation.
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