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In my last job, I was an exempt employee, however, we were required to be in the building for 8 hours a day or have to take PTO. So for appointments, I would come in late and stay that much later that day or put in an hour or two sick time. We were a government agency, so that's why it might be different.
I just started with my current employer. I need to take 2 hours off on Monday for an appointment, so I approached the HR lady about the policy here. She said the law is that if you are in the office 4 hours and are exempt, you don't need to make up the time. I told her, I will make up the time that day, since I'm new, I didn't want to start taking advantage, plus I would feel weird not making it up. This is my first real exempt position where the law seems to apply.
What is the strategy behind this? That the other days you work the overtime so it should wash over a week/two week period? For those of you that do this at your job, lets say you put in some OT hours over the course of the last 3 weeks and want to leave at say 2pm on a Friday - how do you go about asking for it?
First off, the lady is incorrect when she says that if you work over 4 hours, the law says you don't need to make up the time. There's nothing that's stated along those lines in the Fair Labor Standards Act.
She may be talking about a state law (I work in NYS, and there's no such law regarding this). The only thing the federal government says about exempt employees is that they must be paid a salary over a certain amount ($455 a week is the federal amount, but it may be higher in the state), have to meet one of exemption classifications, and they can't have their pay deducted unless it's under very SPECIFIC circumstances.
There's many reasons why companies classify positions as exempt. That may want to not have the burden of tracking hours, which can be difficult to do if the employee does lot of after hours work. It's easier administratively, since they are paid the same salary every week. They also don't have to pay overtime, but the caveat is it's extremely difficult to deduct their pay.
In terms of asking about leaving early, it's really up to the employer how they want to handle it. Usually exempts get more leeway in those situations because their hours don't have to be tracked.
Last edited by Whtknight212; 06-18-2013 at 05:02 PM..
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I agree there's no such law but it might be company policy. Exempt employees are paid on the body of work, not for the hours worked. It's typical that as long as the work gets done, and exempt employee may at times work 8-10+ hours at times, but leave early or come in late other times for appointments without using PTO, or even just to make up for the extra hours worked.
My husband is exempt and has the same 4 hour rule. I don't know of a law, it is probably just a policy. I am an exempt government employee and do not have the same rule. I have to work 80 hours in a pay period. If take off an hour early, I have to make it up the same pay period or take PTO. In his job, he works way more then 40 hours/week, so maybe they figure it all comes out in the wash. Mine doesn't come out in the wash. I'm pretty meticulous about tracking my time.
When you ask for the time off, you could offer to make it up and see what your supervisor says. At least you will have made the effort, even if s/he tells you not to .
My husband is exempt and has the same 4 hour rule. I don't know of a law, it is probably just a policy. I am an exempt government employee and do not have the same rule. I have to work 80 hours in a pay period. If take off an hour early, I have to make it up the same pay period or take PTO. In his job, he works way more then 40 hours/week, so maybe they figure it all comes out in the wash. Mine doesn't come out in the wash. I'm pretty meticulous about tracking my time.
When you ask for the time off, you could offer to make it up and see what your supervisor says. At least you will have made the effort, even if s/he tells you not to .
Well she definitely said law, but English is her second language, so she might have meant something else. We are in FLA and I doubt it is a state law, since they hate workers in this state. I used to be exempt government and we were treated in the same manner - must work 80 hours in a two week period - but people started abusing it and they changed it to must be present 8 hours a day in the building.
I'm pretty meticulous about making up my time. I don't want anyone ever to say that I'm abusing the system or not working the hours I need to be. It would be nice to be able to leave early on a Friday here and there. I guess I will just see how it goes. I am going to get more information about this 4 hour rule thing though.
Why do they hate workers in Florida? Because it is an at-will employment state?
Sounds like a company policy. Read the handbook.
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