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Jul23

Exhausted Vacation and Sick Time for Exempt EE

If you have a salaried exempt employee that has exhausted their vacation and sick paid time for the year, and is out sick, can this individual be docked the time he/she is out sick? Wether it be 1 day or 3 weeks?

Under the federal FLSA or Fair Labor Standards Act, when an employer has a bona fide paid sick leave plan, and the employee exhausts all sick leave available, the employee need not be paid for additional sick days. This applies only if the employee takes the entire day off. If the exempt employee works any portion of the day, even 5 minutes, even from home or taking a work-related phone call, the employee must be paid his or her usual salary for the day.

An exempt employee who misses a full payroll week of work is not entitled to payment.  

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This entry was posted on Friday, July 23rd, 2010 at 7:59 am and is filed under
Compensation.
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