Exempt employee - unpaid time off

Frenchie · July 2001

We have an exempt employee who was hired in June and is requesting two days off in August to attend his brother's wedding. He has not yet accrued enough vacation time to cover the time off. Do we have to pay him for those two days? If we do have to pay him, can we require he take vacation time in advance?

Down_the_Middle · July 2001

This need for time-off apparently was not discussed/disclosed at the time of hire????? I would offer him the chance to use two (2) of his future accrued vacation days, or give him the time-off w/o pay. Depending on when your company makes vacation avail to new hires, the time w/o pay might be easier.

Hatchetman · July 2001

[font size="1" color="#FF0000"]LAST EDITED ON 07-17-01 AT 12:22PM (CST)[/font][p]FLSA does permit that an exempt employee may be "docked" a full day's pay for each full day of absence due to personal reasons, without loss of exempt status. Thus, the employee taking two days off to attend a wending could have two days' pay docked without loss of exemption. See Code of Federal Regulations, Volume 29, Section 548.118. If he had banked time, such as vacation time or other time that the company would allow him to use in lieu of pay for those two days, that's what you would be doing. However, since he has no banked time, then it's a straight out docking without compensation.

BUSTER · July 2001

Our company (located in Louisiana) incorporated the eligibility requirements into our policy for vacation and sick days. It states that vacation and sick days may be taken as it is earned after 90 calendar days service. This way employees know up front that their time any personal time off will be without pay according to the eligibility requirements. Even those who negotiate the time off at hire know where they stand.

Exempt employee - unpaid time off

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