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Time Card Issue

CJShaferCJShafer 7 Posts
in HR & Employment Law Vote Up0Vote Down
I have a salaried employee that is taking a Military leave for aprox. 10 weeks. This employee is also working for us via thier computer while gone. My dilemma is this: Do we still fill out a time card for this employee since we are paying his/her salary and this person is not in the "here" to punch in or out? OR should he/she track their time spent working for our company on thier own?

I would greatly appreciate any input anyone can offer at this point.

Thanks!!!
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  • 2 Comments sorted by Votes Date Added
  • HatchetmanHatchetman 877 Posts
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    Since you state the employee is salaried, I assume the empllyee is exempt (although, I guess, he could be non-exempt and salaried).

    Under 541.118(a)(4) of the Code of Federal Regulations, dealing with FLSA, you may not deduct from the salary an employee's absence due to military leave, although you can "offset" the amount of military pay from his salary. In other words, the total amount of weekly salary and the total amount of military pay should equal the employee's regular weekly salary.

    Consequently, if the amount of milatary pay is less then the salary, and he continues to do some work for you whgile esentially on military leave, the "part of the salary that isn't offset by the mililtary pay could, I believe, be considered to cover that work he does for you.

    If the issue is tracking his time without regard to hte hours he p8uts in for this "limited work time" then just have him record it somewhere. Since he would be paid the same amount of "non-offset salary" regardless of whether he was putting in the time or not, I don't believe that you'd be basing his salary on the amount of actual hours. The Code provision already states that offsetting the salary by the amount of millitary pay the employee receives for the week does not result in loss of the exempt status.
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  • CJShaferCJShafer 7 Posts
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    Thank you very much for your input!
    I've read everything I could get in my hands dealing with this subject, but I've never found anything about time cards. Since this employee will be gone on Military Leave, but yet working for our company on his "off" hours, I wasn't clear enough on having to keep track of his/her hours.
    Again...Thank you!
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