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Salary employees sick time...limits? Missouri

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  • Salary employees sick time...limits? Missouri

    Couple issues I need to verify with anyone that has the requisite knowledge. First, can you deduct a days pay from an exempt salaried employee when he calls in sick? If not, as I think is the case, what can a company do to prevent salaried employees from abusing calling in sick? Is there a set number of days an exempt employee can call in sick and still get paid? Can we require doctor's note? Thanks for the help and advice.

  • #2
    You can if the employer has a bona fide sick pay plan, which is generally assumed to be at least 5 days' worth, and the employee has either exhausted his sick balance or is not yet eligible to take paid sick leave.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    So, obviously the way to discourage abuse is to have a sick pay plan of at least 5 days per year. Nothing you can do about partial days absences, though, unless such absence is related to intermittent FMLA. This exception is also addressed in the FLSA regulation above.
    Last edited by Pattymd; 01-22-2010, 06:43 AM.
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    • #3
      This can be complicated. First of all, I have attached a pointer to the actual regulations. Please read them. There is nothing I or anyone else can say that will make the actual regulation go away.
      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

      Past that, if you read the actual regulation, the key phrase is "bona fide". If a sick pay is "bona fide" and if the rules spelled out in the regulation are actually followed, then docking is possible. Not automatic, but possible. Your question is not actually well directed at the exact wording of the regulation, so the answer to most of your questions is "maybe yes, maybe no, depending on the specifics against the regulation".

      Federal DOL generally considers a "bona fide" plan as one that offers at least 5 paid sick pay days annually.

      ----

      You can probably require a doctors note, assuming that you require this of all employees and not just the ones you do not like. However, there are other laws out there that can cover sick employees. FMLA and ADA to name several. Those rules are unrelated to FLSA rules.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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