Exempt Employees

JF12

I know I have seen this answer but I cant find it. I have an exempt employee who is out of PTO until June and still calls in 1 or 2 times a week. Do I still need to pay him or can I just pay him for the time here even though he is salary? Any help would be appreciated.

Thanks and have a nice long weekend.

Crout

Yes, you must pay him because if you pay him based on hours worked you may jeopardize his exempt status, along with the status of every person in that job catagory. However, you do NOT have to put up with him calling out twice a week. His Exempt status is not a license to come and go as he pleases. Let him know that the call-outs are exessive and start the disciplinary process if necessary.

JF12

But I can subtract this time from his upcoming PTO?

Crout

You mean keep a running tab that bleeds over into the following year? I have seen companies operate like that, and I do not see any reason why...at least from an FLSA standpoint...you could not do the same if you choose.

crawfod

I would guess your PTO policy is the same for Exempts and Non-exempts. What does it say about "borrowing" from future accruals? Just be prepared to treat everyone who is out of PTO time the same.