Exempt EE abusing PTO policy
cthom111
1 Post
Hi - I have an EE who is salaried exempt and comes in/leaves early by 30-60 minutes periodically. Our policy states that you must report PTO in 2 hour increments but we never state how employees should take the PTO. My question is - can we 'force' this employee to take her time in 2 hour increments even though we don't have a policy on it? We will of course discipline based on the attendance but want to make this mandatory 2 hour increment part of that process.
Comments
I think you can run into a problem deducting more PTO time than time not worked by the employee. Check with an attorney in your circuit or in the circuit of the EE's place of work.
Are you clear that your PTO is not vacation? What state is the employee located? Does (s)he work in a different state on a regular basis, regardless of his or her work base?
My advice is to take the simple approach involving fewer attorneys. Deduct the time actually not worked. Discipline on an attendance basis. If the Attendance policy is not written properly to attain that end, change your policy. Keep in mind that the route you are considering gives incentive for the EE to simply miss 2 hours instead of 30 mins.
[quote user="khchreston"]A salaried employee is considered to have worked an entire day even if they only work an hour or two. I'm not sure you can legally deduct arriving or leaving late to work from their PTO. You should check with your HR attorney. [/quote]
It has been OK since a January, 2005 DOL opinion letter, to deduct from PTO for partial days worked by exempt persons where the cause of the partial day was personal, accident, or illness related. Employer may not deduct from salary due to a partial day absence, but the PTO bank can go negative.
[quote user="khchreston"]A salaried employee is considered to have worked an entire day even if they only work an hour or two. I'm not sure you can legally deduct arriving or leaving late to work from their PTO. You should check with your HR attorney. [/quote]
It has been OK since a January, 2005 DOL opinion letter, to deduct from PTO for partial days worked by exempt persons where the cause of the partial day was personal, accident, or illness related. Employer may not deduct from salary due to a partial day absence, but the PTO bank can go negative.
[/quote]
PS: there were three opinion letters clarifying this issue from January of '09, but it works pretty much as people have expected.