Exempt and PTO not yet accrued
HRBeth
5 Posts
I've read many threads but can't pinpoint an answer to this...
Our exempt status EEs earn PTO after 1 year. Up to that point, if they work 4 days/week and call off sick day #5, are we required to pay them for that day since they are exempt? (Ohio)
My mgr usually pays them since the are "salaried." But on the other hand, we have an EE who has used all his accrued PTO plus an additional amount of days off that he was paid for, but now any more days he takes off is "not to be paid." There has not been a 'limit' set but mgr says it's running into the "abused" state.
Why have PTO (and go through the burden of 'keeping track') if we are going to pay them anyway!?
Thanks for any comments!
HRBeth
Comments
WOW it takes a whole year for Exempts to accrue PTO? So sorry, but that stinks! It seems that your management is misinterpreting the rule that states exempt employees must receive their full salary for any week in which work is performed. It sounds simple enough, but there are exeptions to the rule! This is meant to protect workers, i.e. you can't send an exempt home without cause and make them stay home without pay because you don't feel like paying them for whatever reason. If an employee stays home one or more full days for personal reasons, YOU DON'T HAVE TO PAY THEM! Simple as that. We have had exempts miss days beyond the (very generous) PTO bank we allot to them and they didn't get paid for the day, end of story. You can also suspend them without pay if you have cause to. I took a Payroll class a couple of years ago, but I'm sure this info can be found through the DOL if you need proof for your management. Hope this helps! :-)
Thanks for replying! I appreciate your input!
If an employee stays home one or more full days for personal reasons, YOU DON'T HAVE TO PAY THEM! Simple as that. We have had exempts miss days beyond the (very generous) PTO bank we allot to them and they didn't get paid for the day, end of story.
You can also suspend them without pay if you have cause to.[/quote]
It's not actually that simple, actually. If the salaried person is out sick and you do not have a qualifying sick leave program, you have to pay for the day. I rather doubt that having to wait a year for PTO would qualify, assuming PTO means PTO and not Vacation and there's a hidden sick leave bank somewhere.
Be very careful about withholding pay on short suspensions of salaried employees. Even though they loosened up on this, it's not anything goes.
It's not actually that simple, actually. If the salaried person is out sick and you do not have a qualifying sick leave program, you have to pay for the day. I rather doubt that having to wait a year for PTO would qualify, assuming PTO means PTO and not Vacation and there's a hidden sick leave bank somewhere. Be very careful about withholding pay on short suspensions of salaried employees. Even though they loosened up on this, it's not anything goes.
We too have a PTO program for staff to use for sick/vacation - we also have what we call RSB (reserve sick bank) to be used when PTO has been exhausted and it's a major illness etc. I was under the impression if an exempt was out sick, then they either used sick/PTO and if they did not have, then they did not get paid...unless they did any "work" from home, then they would be paid as if they worked that day. Thanks!