Personal Time Off for Exempt employee

My wife is an exempt employee and works for a company that has a Personal Time Off (PTO) policy. She accures PTO every pay period, and can use that time for vacation or sick days. Every other company I know does not require exempt employees to use PTO when calling off work due to illness. On top of this, she worked on Saturday to catch up on what she missed due to illness and was not paid because she is exempt. How can a company not allow any sick time to a exempt employee but require they work on Saturday to make up the work they missed due to illness?

1 answer  |  asked Mar 29, 2007 10:48 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Docking salary for sick time

The issue here is whether your spouse is exempt from receiving overtime. To be exempt, she must be paid on a salaried basis.

An employer can lose an employee's exempt status (and therefore have to pay her overtime) if it does not pay her on a salaried basis. Deducting pay for sick time may not be on a salaried basis unless for full days and done pursuant to a sick time policy. Deductions of less than full days for being sick is not consistent with pay on a salaried basis. Depending on the compensatory time arrangement , that may be violating the salaried basis as well.

None of this matters much unless your spouse works more than 40 hours in a week. If she does, however, and has worked a substantail amount of overtime, you should consult an attorney or file a claim with the Department of Labor.



posted by Neil Klingshirn  |  Mar 29, 2007 2:39 PM [EST]

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