Exempt ee w/ absenteeism issues

I have an exempt inside salesperson who has used all of her "sick" day's and vacation time. She is out ill, or for personal reason's once a week. Her manager would like to "dock" her pay for the day's missed. I think we should not try and manage the ee this way. Who has time to micro manage, and I do not believe salaried ee's should be handled this way?! I think that we should meet with the ee & let her know this attendance problem needs to stop or risk loosing her job. Document the meeting and move on. What if any are my choices, other than warning the ee, and poss. terming?
P.S. Before we knew this was going to be a problem we allowed her to "work off" the missed time but now there is no way she could ever pay this amount of missed time back. Thoughts?

Comments

  • 4 Comments sorted by Votes Date Added
  • Handle this with disciplinary procedure. Do not dock an exempt employee's pay. Quick ticket to DOL problems!


  • I agree. As an exempt employee, you cannot dock her time. You can address the poor attendance record, however. I would imagine in missing that much time that she is not performing all of her job duties, late with reports, etc. Focus on the attendance and performance issues and warn her if it continues it could lead to termination.

    Good luck!
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-22-02 AT 01:43PM (CST)[/font][p]Can you make an exempt employee who has used up all of her sick/personal time use her vacation time in place of sick days?
  • The FLSA allows for docking for a day or more of sick time if it is in conjunction with a bona-fide plan. Therefore, if you have such a system in place and the employee in question has exhausted all leave allowances under the plan, you could deduct for the sick time as long as it is a day or more. However, you may not do so for personal absences. Also, I agree with the rest of the group that the issue needs to be addressed in a disciplinary meeting. Additionally, sales exemptions can get tricky. Are you sure she is properly classified as exempt? What are her job duties as an "inside" sales person?

    Best of Luck!
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