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Sick Leave for Salaried Inside Sales

Our inside sales person is salaried and believes that she should not be asked to use sick leave when out of the office for doctors appointments. She is not a supervisor or a team lead. She is paid a salary for 40 hours per week and receives commission. Can we insist that she use sick leave in these circumstances?

Paid time off (PTO) benefits like sick time are a matter of agreement between employer and employee. Thus, employers are generally free to adopt PTO policies at their discretion including requiring employees to use their PTO anytime their away from work.

So, regardless of the employee’s FLSA classification, she can be required to use available sick time for doctor’s appointments during her work hours.

Just to be clear, salaried and hourly paid are compensation terms. Exempt and non-exempt are FLSA classifications.

It’s fairly common for exempt employees to have more scheduling flexibility and not be required to use their PTO for an hour or two of missed work. Reason being, exempt employees are expected to work as many hours as it takes to complete their work assignments. Many exempt employees work beyond their scheduled hours without additional compensation.

Still, this is a matter of company policy. So, again, it’s permissible to require her to use her available sick time for time away from work. Just make sure the policy is being fairly and uniformly applied.

This entry was posted on Monday, April 17th, 2017 at 6:57 pm and is filed under
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