Almost everyone in my office is salaried. When I review the info defining exempt employees, this seems to be accurate - though some have tried to argue they are not actually exempt. We have a co-worker who is taking off for sickness (really is ill) but has used all her sick/personal/vacation time. Sometimes she is out for an entire day - other times just a portion of the day. She insists she wants to work through lunches, stay late, arrive early to make up for missed time - so her check is not short. I sympathize with her needing the money. However, this is a person who is in the door at 8, walking out the door at 5, complains if her lunch is cut short by a call/meeting - but when it suits her needs she wants to "make-up" days missed. If she makes up time on an incremental basis, doesn't this "threaten" her status as salaried? If the company allows her to do this - what impact does it have on other personnel who may ask for other concessions in the future?

For the moment, let's assume that she qualifies as exempt.

As such, the number of hours she works is irrelevant. She can be required to work as many hours as it takes to get her work done. If that means staying to make up time missed, that's what it means.

My apologies . . . I don't think I clearly stated my questions. The co-worker has used all of her paid time off (vacation/personal days/sick time) and yet continues to miss full days of work. Is the company obligated to pay her even when she misses? If not and she "makes up" the full day she misses by working a hour "extra" for 8 days - does that jeopardize her status as exempt?
She does not want her "salaried" pay check to be shorted any days. For the days when she only is absent for a few hours - she can't be docked unless she misses 4 hours or more? Is this correct?

An exempt employee can legally have their pay docked in the following situations:

1.) It is the first or last week of employment and the employee does not work the entire week
2.) The employee is on FMLA
3.) The employer offers a reasonable number of paid sick days (not defined under the law but generally defined as at least 5); the employee either has used all the time available to him/her or is not yet eligible for it, and calls in sick (again)
4.) The employee takes a full day off for strictly personal reasons
5.) The employee has been suspended for a major safety violation
6.) The employee has been suspended for the violation of a written company policy which applies to all employees and is in relation to workplace conduct (sexual harassment, violence in the workplace, having drugs or alcohol in the workplace, etc.)

The ONLY circumstances in which her pay can be shorted in partial day increments is in the event of #2 (FMLA). There are NO other circumstances, EVER, no matter how many hours she does/does not work, in which pay can be docked for less than a full day. Vacation, sick, and personal time, yes; those can be docked in any segment size you choose. But the actual dollars in her paycheck can never docked for less than a full day unless FMLA is involved.

If you were REQUIRING her to make up exactly the amount of time she missed, then I'd be concerned about her exempt status. If she chooses to work extra time over and above her regular salary when she misses a day, I wouldn't be concerned.

However, if you are amending her pay based on what time she makes up, you're walking a fine line. She's not entitled to the benefits of being exempt without having to take the problems as well.

I think you're letting the tail wag the dog here. If she misses a full day of work for one of the reasons above, go ahead and dock her. If she makes up the time working extra time throughout the rest of the week, tough cookies; she's not entitled to extra pay for working extra hours on the days she does work.