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Salaried Employee

I have a salaried employee that missed a day last week due to being ill. He has 6 paid personal days per year and has been here a year so he has 1 week vacation also. What can and cannot I do with his pay per missing a sick day? We are an Ohio Employer. This is our first “salaried” employee.

If this salaried employee is nonexempt, you may handle this absence just as you do any other nonexempt employee’s absence.

If he is an exempt employee, you may deduct time from his paid sick leave or other paid time off balance for absences.

If the employee is absent for one or more full days after all paid time off benefits have been exhausted, you may deduct from his pay only in the following situations: for absences of one or more full days for personal reasons other than illness or disability or absences due to illness or disability if the deduction is made in accordance with a bona fide sick or disability plan; to offset amounts paid for jury duty or military pay; for unpaid suspensions imposed for infractions of major safety rules or workplace conduct rules; for absences during the first & last weeks of work; & for leave taken under the Family and Medical Leave Act (FMLA).

Note that except in the case of FMLA, no deductions are to be made for partial day absences, even if the reason for the absence falls under one of the categories above.


This entry was posted on Sunday, April 8th, 2012 at 1:22 pm and is filed under
Compensation, Human Resources Management, Labor Laws.
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