‘Attendance Management’ Category
Can an exempt employee skip lunch and leave early? I have an employee that comes in at 7:30 am and leave at 3:30pm, and she skip lunch.
Break and meal period requirements under the Fair Labor Standards Act (FLSA) generally apply to non-exempt workers only. However, you should check your state employment laws to ensure there are no requirements for breaks or meal periods for any employees. If your state doesn’t have legislation regarding the matter then it’s up to the employer to adopt a policy or practice. Regardless of legal mandates, it’s important to encourage employees to take their breaks or meal periods, if offered. There is statistical evidence that employees who take breaks during the workday have increased physical and mental well being which, in turn, increases employee productivity.
What would be the procedure to terminate an employee for poor job performance so that person could not recivie unemployment benifits.
Progressive disciplinary action is usually the procedure to follow in order to terminate an employee for poor job performance. The following steps should be taken:
Keep the final meeting brief, and let the employee know that your decision is final. If you have a exit procedure (cleaning personal effects) review it with the employee. If your state requires a termination letter you can provide it to the employee at this time. Your state may also require you provide information regarding unemployment, however the employee will probably not qualify. Finally, COBRA may apply provided the termination was not for gross misconduct.The progressive discipline process is the best practice to follow in order to defend any lawsuit that may be filed (wrongful discharge). The process provides a clear record of actions taken by the employer to prevent termination. However, if you have already followed the process or if the performance was in violation of your company rules and regulations, you can skip the progressive discipline process.
- Formal verbal warning, this warning should be documented and placed in the employees file. Discuss specific issues, dates, and times of the poor performance, along with the next step if the poor performance continues.
- First written warning, this warning should provide specific details about the continued poor performance. Include the date the verbal warning was issued, and that failure to correct the poor performance will result in a second warning and will carry a suspension from work.
- Second written warning, documenting the continued poor performance, previous discussion, and the suspension (usually 2 days without pay), continued poor performance will result in termination of employment.
- Final written warning, document the continued poor performance, previous warning, and the termination of employment.
Hello, I have limited experience with military leaves… I have an employee that has been on military leave since August 5, 2011 with an expected return to work date of June 2012. We know from the media and other outside sources that his troupe has returned from active duty the first week of May as expected, however he has not made any contact with HR as to if or when he is returning to work. We have made attempts to get in contact with him, however he has not returned messages. When he left he stated that he wanted to have a month off when he returned and would contact HR before June. We currently have other staff filling his position and they are wondering if he is coming back and if they are out of a job. How long do we need to keep his position open and what should my next step be?
Returning military with one year of active duty, need to submit an application for reemployment within 90 days of the release from service. A recommendation is that he make written application for reemployment, but it can be verbal or implied.
If the employee fails to report or apply for reemployment, after the 90 day period, he does not forfeit his entitlement to reemployment. After the 90 day period, he is subject to your normal conduct work rules or established policy or practices regarding disciplinary action with respect to absence from scheduled work. If you follow a “no call -no show” policy then he would be subject to that policy.
In the meantime, I would send a certified letter to his last known address, and supply him with his rights and responsibilities under USERRA.
when you have salaried employees who say they will work a holiday rather than using an accrued day what can you expect from them I have some that come in so briefly that I do not feel I can recognize this is a day worked in lieu of a full day? others work most of the day. I am hearing I can only ask them to work until all of the responsibilities of the day of in place? so exactly what can I demand of directors and managers? thanks so much
FLSA requires that you treat an exempt employee as exempt and not as a non-exempt employee and jeopardize their exempt status. If your directors and managers are working a holiday, rather than using an accrued day, don’t focus on the number of hours worked instead focus on their managerial job duties.
You should talk to your managers and directors and state that whatever they do during their normal work day, they are required to do during the holiday. For example, if they typically manage projects or employees between 9 and 5 then they are required to do the same on the holiday.
I was wondering if there was a state law in Illinois that required you to pay an exempt employee for the full week, when we provide paid time off, the employee has used all of their paid time and they are out sick for the entire day.
I know if they work any time during the day they have to be paid for the day, but what if they are out the entire day?
It is permitted under the Fair Labor Standards Act (FLSA) for an employer to deduct time from an exempt employee’s 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 the his or her 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.
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