Exempt Employees & Absence Policy

HansOSteele

We have an issue with a new policy that is in the process of being implemented. The policy is calling for a stricter call-in procedure for all employees. It is basically stating that all staff (hourly & exempt) must call in or notify their supervisor within 1 day if they are going to be absent from work for that day. Basically this is to deal with an issue involving employees who decide to 'no-call/no-show' a department. It has been decided that adopting a stricter policy will remind all staff that they must take responsibility for notifying their supervisor.

What concerns me is the implications this may have for the exempt staff members. I am unsure if this will violate their exempt standing. I would appreciate any input anyone can provide, as well as any direction towards resource locations to research this matter.

Have a great day!!

Terri Cheek

This policy should not affect the exempt status of your exempt employees. The "salary basis" test for exempt status (as opposed to the duties test, which must also be satisfied) simply requires that employees who are being paid on a salary basis not have their salaries reduced for absences of less than a full day. As long as the policy you plan to implement will not result in the docking of pay for salaried employees, it will not affect their exempt status.

Rockie

I don't see where you would have a legal issue with this policy. The only thing you cannot do to an exempt employee is to dock their pay for less than a full day's absence. You can certainly require them to adhere to a stricter call in policy. Employers do have a right to know when or if their employees will report to work.

CuriousG

Simply requiring employees to exhibit the common curtesy of calling to notify you when they will be absent should not have any bearing on the status under the FLSA. The problem would arise if you were to try to "dock" an exempt employee for an absence, and did so in a manner that violated the FLSA.