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Oct27

Exempt Employee with Partial Day PTO/Absence

I have an employee that is exempted and requested to be off for a full week but only had 4 1/2 paid time off days accrued. Since she didn’t have 5 full days of paid time off can I only pay her for 4 1/2 days?

The Fair Labor Standards Act (FLSA) establishes compensation guidelines for employees including classifying employees as exempt or non-exempt. To qualify for exempt status, an employee must be paid on a salary basis, must earn at least $455 per week and must perform certain job duties. The salary basis cannot vary based on the quality or quantity of work performed, regardless of the number of days or hours worked. Generally, an exempt employee must receive her full predetermined salary for any work week during which work is performed.

It is permissible to deduct from an exempt employee’s salary for full day absences under certain circumstances including when an employee is absent for one or more full days due to personal reasons, other than sickness or disability. The requirement to pay the full day’s salary to the exempt employee for a partial day absence is the same for employers who have a bona fide leave plan as well as for those without a leave plan. Thus, employers shouldn’t deduct wages to cover partial day absences if the exempt employee doesn’t have enough paid time off to cover the absence.

This entry was posted on Monday, October 27th, 2014 at 11:57 am and is filed under
Human Resources Management, Labor Laws.
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