How would you treat this?

Exempt ee calls in on Monday but works Tues thur Sat.

How would you pay them?
EE has no sick leave left but does have vacation days.


  • 10 Comments sorted by Votes Date Added
  • If an exempt EE works any part of their regularly scheduled workweek, you are required under FLSA to pay their full pay for that week - you cannot dock their pay unless the absence is FMLA related. Unless you have some policy stating that vacation days must be used in this instance, I think you're stuck.
  • Under our policy we would require that they use a vacation day for Monday, thus they would receive a full-week's pay.
  • If an exempt ee performs no work on a given day, it is my understanding that they do not need to be paid. I would make sure to modify your policy so that paid time must be used before unpaid time is allowed.
  • Our policy requires them to use PTO for Monday. If they worked on Saturday, it was their choice, therefore they donated it.

    We are a Mon-Fri business.
  • We treat all Saturday exempt work as voluntary. You can't "make up" time by working Saturday.
  • Was Saturday a voluntary or mandatory day? Do your exempts always or more often than not work 6 days per week? Do you add compensation for Saturday work? It the exempt missed on Wednesday instead of Monday, would it change anything? If you have no policy in place to address exempt absences then you must follow the FLSA guidelines as Coffee stated above. But your answers to the above questions could change that, as well as your past practice. By the way, if you have a past practice but you don't have it in writing, you need to get it into writing.
    One opinion.

  • We allow exept enployees to make up a day missed by working another day in it's place as long as it is in the same pay period.
  • We have flex time so we would allow our employee to make it up on Saturday. People will often say that if an Exempt employee works any part of the week, they must be paid for the entire week. That is not true. If you have a bonafide sick leave policy, and the person misses a full day for an illness, you do not have to pay them for that day if they have no more sick days left. However, if they work any part of a day, you do have to pay them for the full day. Starting Jan 1, our policy will change that if a person runs out of sick time, we will first take their personal day, then vacation time.
  • You do have the right to require the employee to use their vacation leave to cover the absence. But if the employee worked a full week, why bother? The issue for me is whether the employee cleared the "make up" day with his supervisor or took it upon himself. I would not have a problem with an exempt employee making up the day, unless he was an habitual abuser of attendance policies, or did not check in with the supervisor.
  • Regardless of how you handle flextime, the initial response was inaccurate. Working part of a day earns you a full day's pay, but not a full week's.
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