Dock PTO for exempt manger

concerned

An exempt manager took 30 days vacation. She had 40 hours accrued vacation time. They are claiming they are exempt so they can't be docked or pay back the 120 hours. They showed on their time sheet that they worked those days. I have tried to find a copy of Volume 29, Section 548.118 of the Code of Federal Regulations on the internet but have had not luck.

Hatchetman

Were the 30 days consecutive, so that entire work weeks were missed?

Under 541.118, remember, you don't have to pay an exempt emplyee a salary for the week in which he or she performs NO work.

Have you tried the DOL website. There are some liknks. And they have an "'eFLSA' Advisor" which can provide informaiton.


Another cite to try is [url]http://www.access.gpo.gov/nara/cfr/[/url] This is a section finder for the Code of Federal Regulations.

WT

The key to exempt positions is that they get paid regardless of quantity or quality of work. This means that they must receive their entire salary in any week in which work is performed (even if they only work one day). If they did not work any days in a given week, they need not be paid. Aside from this, taking vacation that is not properly yours and marking down that you worked that day is fraud. If I were going to punish a manager for taking 30 days when they only had 5 coming, I would look at giving 5 weeks off without pay (full weeks to avoid any FLSA troubles). Do this once and you will never hear this business again of can't be docked as we are exempt.