Human Resource Blog

Where HR Professionals Seek Answers

A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR!

Nov12

Day Off in Probationary Period

I have an salaried employee that has been here for 1 week and she has taken off a day. Am I obligated to pay her for the day off?

The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Under the FLSA, employees are either non-exempt or exempt.

Non-exempt employees must be paid for all hours worked and are subject to overtime and minimum wage requirements prescribed by the FLSA. Conversely, exempt employees receive a fixed predetermined salary and are excluded from overtime pay provisions.

A salaried employee is often an exempt employee. However, it’s important to point out that salary and hourly paid are compensation terms. Though uncommon, it’s possible for a non-exempt employee to receive a salary.

Let’s assume you’re referring to an exempt employee as defined under the FLSA.

Deductions from an exempt employee’s salary are permissible in limited circumstances including:

• When an employee is absent from work for one or more full days for personal reasons other than sickness or disability;
• For absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness and the employee has exhausted such paid leave;
• To offset amounts employees receive as jury or witness fees, or for temporary military duty pay;
• For penalties imposed in good faith for infractions of safety rules of major significance;
• For unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions;
• In the employee’s initial or terminal week of employment if the employee does not work the full week, or
• For unpaid leave taken by the employee under the federal Family and Medical Leave Act.

If the absence isn’t covered by any of the above situations then the employee must receive their full salary for the workweek.

This entry was posted on Thursday, November 12th, 2015 at 9:22 pm and is filed under
Compensation, Labor Laws.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

Leave a Reply





  • [ Back ]
  • WP-SpamFree by Pole Position Marketing

Home Ask a Question Archives

© 2008 HumanResourceBlog.com, All Rights Reserved