Exempt Status
BASmith
1 Post
Is a CFO who is salaried considered as exempt status and can partial days be charged against their PTO?
BASmith
1 Post
Comments
Exempt-To meet this exemption, white-collar employees generally must meet the Department of Labor's definition of an executive, administrative, professional, highly skilled computer-related occupation or work in outside sales. In addition, the white-collar employee must be paid on a salary basis.
You can charge them PTO, but can not dock them if they run out unless they are on FML. You can dock whole days if time is used for personal reasons.
I agree with Nrdgrrl...
If your company has a standard practice (or policy) of charging accrued time benefits for partial day's absences but still paying the full salary (even if the employee has no accrued time on the books), under US DOL Opinion, you will not be jeopardizing the exempt status if you do charge the PTO.
Two caveats: 1. You still have to pay the full salary even if the exempt employee has no time on the books.
2. In some states where PTO or vacation times (and possibly sick time) are considered to be vested to the employee upon accrual, such as in California for PTO and vacation times, such charging the accrued time balance is not permitted under state wage and hour law. So, check your Iowa law.
Also, I assume you're not in the public sector in Iowa.