Exempt calls in then works at home
lnelson
670 Posts
If we have an exempt ee who calls in saying not coming in to work but will do stuff at home without authorization then comes back and states they worked 4 hrs at home. How would you handle this? Do you pay them 4 hrs or 8hrs or 0hrs? There is no knowledge of what had been done while they were home.
Any help please.
Thanks
Lisa
Any help please.
Thanks
Lisa
Comments
As far as this ee knowing that it is very likely, she is the office manager. There really is nothing she could do at home without the necessary files. She mentioned something about reviewing possible gift baskets to give to customers for christmas but this was not something that was given to her by the V.P of the company.
That is why I am having this dilema.
She also does not have anymore vac/sick time left.
The issue may be one of performance which can be handled by her supervisor; or perhaps she is not classified properly.
When exempts here want to work at home the supervisors generally say, "of course, how very efficient of you". We are very careful about making sure exempts are really exempts (they do the jobs whether they are present or not).
In this case, it sounds as if she calls in and says she'll be working at home, but no one is telling her not to and that there is no work for her to do at home and, if she doesn't come into work, she'll be considered absent for the full day.
The real issue is what the superivsor or manager is telling her about not working at home because there is no work for her to do at home in her job (she shouldn't be taking files home without getting the okay from the supervisor. That has to be told to this emplyee as well.
Unless working at home was either formally or tacitly (by them not raising objections and telling her no) agreed to by supervision management, she shouldn't be paid. That's why it is so important for the superivsor to make the clear statements when that call comes in and to make sure its standing instructions in writing, if that what it takes.
She's exempt, has stated she performed some work-related duties, so I'd pay her 8 hours and not argue about what's been done.
Next I would have her supervisor sit down with her, listen to why she did something she apparently has not done before (if she said she worked 4 hours, what was her explanation for the other 4 hours?--something's missing here), and have the supervisor tell her how he/she expects this situation to be handled in the future. The supervisor should write up this conversation, including future consequences, give her a copy, and place another copy in her Personnel File.
However, in California, PTO, if it is unspecified and avaialalbe to be used for personal reasons, such as vacation, it may not be charged for partial day's absence due to illness or injury (which under FLSA are not "perosnal reasons").
California sees unspecified PTO, since it is available for both vacation and sick leave, to be considered in the same vein as vacation time, as deferred salary and not useable for partial day's absence docking of salary.
For example if the employer allocates 10 days for PTO to be used at the emplyee's option for either or both vacation and sick time, then the employer MAY not allocate the unspecified PTO to one or the other since PTO is vested to the employee (remember, it is considered to be deferred compensation and may not be lost once accrued).
Paid sick time, or if the PTO were specified for illness or injury absences only, is considered as fringe benefits and therefore not deferred compensation.
Thus, the employer MAY NOT charge unspecified PTO for partial days' absences (either due to personal reason or illness or injury) but may charge paid sick time balance for partial days' absences due to illness or injury.
PORK