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  • cat Washington

    Any help I would appreciate! I have been playing phone tag with the department of L&I to get this question answered.
    I own a small daycare in pierce county, Washington. The business manager (who is the Director) has a parent who just had heart surgery on about 10 days ago. I have always paid her for all her time off because she is salaried. I have been incredibally generous with her taking alot of personal time off. I gave her the week of her mother's surgery off. I told her I could not give her the following week off. She still did not come to work mon-wed. I do not feel like it is my responsibility to pay her to take care of her mom. she has 3 other relatives helping and her mom is in a hospital where there are professionals to care for her mom. she plans on taking care of her mom whenever she can even if it is during her working hours. Do I Need to pay for this time off I am required by childcare licensing to have a director full time and I do not employ more than 50 people. Also, she does all the hiring, firing, scheduling and she does make more than $455 per week.

  • #2
    How many employees do you have? How long has she been working for you?

    You do NOT have to pay her for the time, exempt or not, since even if she is exempt one of the exceptions to the full-salary rule is when you take time off for personal reasons. But the answers to the questions above relate to how much, if any, unpaid leave you are required to give her.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      How many employees do you have? How long has she been working for you?

      You do NOT have to pay her for the time, exempt or not, since even if she is exempt one of the exceptions to the full-salary rule is when you take time off for personal reasons. But the answers to the questions above relate to how much, if any, unpaid leave you are required to give her.

      Edited to add: just saw that you do not have more than 50 employees. That being the case, you are not obligated to provide her with any more time, paid or unpaid, than your usual policy permits.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        thanks for the reply

        Thanks For Replying! I Finally Got Through To Someone At L&i And Was Informed That I Could Deduct For Every Full Day She Did Not Work. I Think I Have Decided To Put Her On An Hourly Rate. This Should Help Her Make A Decision To Show Up To Work.

        Thanks
        Cat

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        • #5
          Just keep in mind that if you do that, you will be obligated to pay overtime at the rate of time and a half for any hours over 40 in the workweek.

          I'm not saying don't do it; that might be the best solution. But you should consider all of the consequences of the decision before you make any changes.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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