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Old 02-26-2011, 09:04 PM
 
Location: NJ
17,580 posts, read 18,159,516 times
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If someone at my place was going to be taking 4 hours off we would make them take a half day vacation. An hour or so and it wouldn't be a big deal since we work quite a few hours anyway.
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Old 03-19-2011, 01:08 PM
 
Location: Dallas, TX
386 posts, read 797,848 times
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Quote:
Originally Posted by Squirl View Post
You employer cannot dock your pay for absences less than a full day but can require that you apply your PTO hours. If you run out of PTO hours, then there's the problem.
So there is no set policy from the Department of Labor for this? I've researched but the answers seem a bit contradictory.

Why would I have to use PTO if my pay is not docked taking off a couple of hours? Isn't that the same as someone that is non-exempt? They still have to use PTO when they want off.....
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Old 03-19-2011, 01:15 PM
 
Location: Simmering in DFW
6,649 posts, read 8,602,773 times
Reputation: 6230
Quote:
Originally Posted by Be Happy 2 View Post
So there is no set policy from the Department of Labor for this? I've researched but the answers seem a bit contradictory.

Why would I have to use PTO if my pay is not docked taking off a couple of hours? Isn't that the same as someone that is non-exempt? They still have to use PTO when they want off.....
I know it seems confusing. The times a company becomes in violation of the exempt status is if: 1)in fact they classify an employee as exempt whose work does not qualify for the ex status or 2) if they unlawfully dock pay. Internal rules are not an issue. So if an employer chooses to require that all employees apply PTO hours for time off (even exempt employees), they may do so legally on an hour-to-hour basis. They may NOT, however, dock paychecks for partial days off. Whether or not your employer requires that you apply PTO hours is strictly an in-house rule.
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Old 03-19-2011, 02:10 PM
 
4,806 posts, read 10,888,007 times
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Salaried means the employer is basically taking the overtime hours you work, and the sick/vacation/other time hours you miss, and averaging them out over the course of a year so that you have consistent regular paychecks. They give you an allotment of sick time and vacation time so that you know how much time they've used in their calculations.

Technically, if you use up all of your vacation time and sick time and still need more time off, they should still keep paying you, because your status as a salaried employee states that the need to pay you no matter how much you work. But typically if you use up all of your leave and still need more time off, at that point most employers would request that you take a leave of absence or short-term disability to deal with whatever the issue is.

Most employers are somewhat flexible with salaried employees. My company's policy is that if you miss less than two hours of work, you can just make the time up by staying late or coming in early or skipping lunch. But it has been our experience that if you are gone more than that, it is unlikely that you are going to really be able to make up more time over the course of a week, so when your absence exceeds two hours, you must deduct the time from your sick/personal time.

Last edited by kodaka; 03-19-2011 at 03:07 PM..
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Old 03-19-2011, 02:17 PM
 
15,674 posts, read 6,152,126 times
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Most smart corps simply NEVER dock salaried employees, as it takes just one DOL claim won by an employee, to retroactively allow many "salaried" employees to lay claim (backed by that finding) to non-exempt status, and normally, the minimum number of years the reclass would affect is 3. These cases usually work much like sales tax audits, by that one employees claim, in a class action claim (DOL equivalent) , the Labor dept will extrapolate how much is owed to all over the minimum # of years, the corp after appeals are over, will have to put that immediately into escrow, and new salaried folks can file claims to try to get their share.

Its just not worth the risk. Now if a salaried employee keeps missing time, its employment at will. Fire them.
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