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PTO deductions for exempt employees Nebraska

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  • PTO deductions for exempt employees Nebraska

    I need some clarification re: PTO rules for exempt employees. Can PTO be charged for partial day absences? Not FMLA situations. for example, if a salaried employee takes half a day to attend a medical appointment, can four hours be deducted from PTO or pay?

    Thanks!

  • #2
    PTO may be charged for partial day absences in every state.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      PTO is generally dependent on the employer's policy. The Fed govt only cares about the fact that the employee was paid all the wages due, not which bucket it comes from. So you really only get into issues if there is no PTO left to subtract out. Even then, you can only subtract out full days used for personal reasons if you want to deduct it from the pay unless it is FMLA related. FMLA is about the only reason you can subtract a partial days pay from an exempt employee.

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      • #4
        Thanks so much for your response. Once PTO is exhausted, how should partial day absences be handled?

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        • #5
          Thanks, HR for Me. I guess I have a follow-up question re: excessively frequent absenteeism. I have an exempt employee who has consistently worked on average less than 5 hours per day for the last six weeks. What can be done to curb this kind of exploitative behavior? He is an excellent employee otherwise but his work performance has suffered (as has morale since his subordinates are discouraged by his poor example).

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          • #6
            You didn't state your relationship to the employee in question, but it should come from his boss/HR. Someone needs to confirm that he doesn't need FMLA for a covered reason if your company is covered.

            Because he is not an excellent employee right now and I would want to find out why especially since his performance has suffered and it is affecting the morale of other employees. You can't continue to ignore it. Usually I say not to bring up the ADA can of worms, but he might possibly give you a reason that leads to ADA discussions. If he needs a shorter schedule and you find it is a reasonable accommodation without undue hardship, you can adjust his pay going forward for the lower amount of time/duties accomplished.

            Some companies would warn and then terminate if the behavior doesn't change. Others will put up with it for a longer time or accommodate more. Part of that will depend on your corporate culture and how much loyalty he has from the upper management.

            eta: you do still have to pay at least the exempt weekly minimum -- that can not be lowered/adjusted/prorated.
            Last edited by hr for me; 09-05-2014, 06:20 AM.

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            • #7
              What you have is a supervisory problem. Either this employee has a good reason for working a reduced schedule and has a clueless supervisor or the employee is taking advantage and you have a wimp of a supervisor. The supervisor needs to be clear about the expectations for the position. If the employee brings up a "very good reason" he can not, then go down whichever path that leads. Don't expect to use PTO laws to manage employee attendance issues.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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