Suspensions without pay

Does anyone know if you can suspend someone without pay even if they have accrued vacation time?

Any thoughts or information would be much appreciated.

Please reply here or tome directly at [email]dsmith@circles.com[/email]

Thanks,

David

Comments

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  • [font size="1" color="#FF0000"]LAST EDITED ON 11-21-01 AT 03:36PM (CST)[/font][p]Yes, you can with non-exempts. With exempts, you would have to do so in full week increments unless the basis of the suspension is a violation of a major safety rule: this means on most issues, you may have to do something with the exempt until you reach the beginning of the week, or take the person off work during the week and pay regular salary for the balance of the week until the start of the following week (since most incidents of worthy of a suspension probably occur during the middle of the week). But FLSA doesn't prohibit suspensions without pay of non-exempts at all and only limits it for exempts as described above.

    Of course, there is the possibliy that there could be something in your state's laws that address your question and if you have a labor contract there may be something in that as well addressing suspensions of employees. But otherwise, the basis for a suspension and whether it is with pay or without pay is at the employer's policy. Although, it seems to me as part of progressive discipline, you want to suspend without pay, if you're going to suspend at all.
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