I have an exempt salaried outside sales person that has not accrued any vacation yet. Am I required to pay for days off that are not for illness? Our handbook states you must work for one full year to receive vacation. Are we required to pay unlimited sick days to this employee?
Thanks

Vacation days are irrelevant. Do you offer paid SICK days? Or do you use a method of PTO where the days you refer to are to be used for all absences, regardless of reason?

It makes a difference to the answer.

We offer 6 paid sick days per year.

As long as you offer a reasonable number of paid sick days (and six is considered reasonable) then if the employee is not yet eligible for those sick days OR has already used those to which he is entitled, you may dock his salary for days missed due to illness.

You may also dock him for days missed NOT due to illness, regardless of whether he has vacation time available or not, IF he missed an entire work day for personal reasons.

Under no circumstances are you required to provide unlimited sick days.

Thanks, I just keep reading different things where it sounds like exempt salaried employee's can just take off whenever and still get paid. This employee has only worked 7 months and has already taken off 5 days and we paid him. I wasn't planning for that to happen any more.

Please clarify for me. I'm reading other posts and getting confused.
Salaried outside sales is exempt if paid over 544.00 per week. Correct?
Salaried outside sales exempt employee's can be docked pay for days not worked unless they are using sick or vacation days. Correct?
Days business is closed such as the day after Thanksgiving, exempt salaried employee's must be paid. Correct?
Thanks!

No, an exempt employee cannot just take off and get paid anyway. For one thing, an exempt employee can be fired for doing so. They're exempt from overtime, not following company policy. Nothing whatsoever in the law gives an exempt employee the right to come and go as they please.

Salaried outside sales is exempt if paid over 544.00 per week. Correct?

Not necessarily correct. The minimum salary (which is $455, not $544) does not apply to outside sales. See:

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17f_outsidesales.htm

Salaried outside sales exempt employee's can be docked pay for days not worked unless they are using sick or vacation days. Correct?

ANY exempt employee, including outside sales exempt employee's, can have their salary docked in the following circumstances (and ONLY in the following circumstances):

1.) If it is the first or last week of employment and the employee does not work the entire week
2.) If they are out on FMLA protected medical leave (or a state equivalent)
3.) If the employer offers a reasonable number of paid sick days for which the employee is either not yet eligible or which the employer has already used, and calls in sick due to illness
4.) If the employee takes a full day off work for strictly personal reasons (an employer may, but is not required to, apply vacation time in these circumstances)
5.) If the employee is suspended for a major safety violation
6.) If the employee is suspended for the violation of a written company policy which applies to workplace conduct and which applies to all employees.


Days business is closed such as the day after Thanksgiving, exempt salaried employee's must be paid. Correct?

Correct.

Thank you. I am clear now.

Just a further detail, in all of the above instances except #2, docking can ONLY be in full day increments. For #2, either full day or partial day increments are allowed.

You MAY require him to use his vacation days for any absences, no matter how long or short. If he comes in an hour late, you can require him to use an hour of vacation. If he comes in, works for ten minutes, and goes home, he has to be paid for the entire day (unless #2 applies) but if you take a day minus ten minutes from his vacation, you're entirely legal.