Help!w/nonexempt EE

mrsbowden

We currently have and employee that is (hourly). EE is using sick time for part of the day. Worked a few hours (got sick,went home) and wants to use sick pay for the other 2.5hrs missed.
This ee also states that she normally works 5hrs over on the day she missed and wants to turn in sick time for those 5hrs overtime also.
I need feedback, please! I would like to have something in writing if anyone know where to find such a statement explaining the law on this one way or the other.

bbarrett

It really depends on your policy. Ours indicates sick time can be used for your scheduled time not O/T. O/T should be paid for employees who actually work you cant take sick time for O/T hours.

B

LindaS

Agree with BBarrett - only pay OT when the time is worked. The FLSA states that time and one-half is to be paid for any hours worked over 40. The 40 hours does not HAVE to include vacation, sick, or holiday pay (although it can if your policy allows it). If you do not have a policy addressing this issue, you can put one together and make sure it states that any paid time off is not to exceed 8 hours in a day (or 10 if you work 4 10 hour days). Unless the employee's schedule is always a 10 hour day, I would inform her that she will receive 2.5 hours of sick pay but nothing in addition to that.

Shadowfax

While it doesn't hurt to have a policy, I don't think you need one. O/T is strictly for time worked - if not worked not paid, not paid no pto.