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California Exempt Employee Comes In for 2 Hours

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  • California Exempt Employee Comes In for 2 Hours

    I have a salary employee (exempt) in California that comes into work for two hours and goes home sick. He is under the impression that showing up to work makes it so that he doesn't have to put time against PTO. Is anyone familiar with the law around this?

  • #2
    He's under the wrong impression. Of course, you can charge his PTO. Although case law leaves some doubt as to whether you can charge less than 4 hours, I haven't seen any case law that prohibits you from charging MORE than 4 hours if that's how long he's gone.

    I would be more concerned about addressing the (presumed) fact that he isn't getting his work done and/or he's not at work when he is needed or is not at work consistently in accordance with when you expect employees to be there.

    This couldn't possibly be intermittent FMLA, could it? In that case, you could dock him a partial day if you didn't require employees to run PTO concurrent with FMLA. And, you could not use his absences against him, as such, in performance reviews.
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    • #3
      Originally posted by timmus View Post
      I have a salary employee (exempt) in California that comes into work for two hours and goes home sick. He is under the impression that showing up to work makes it so that he doesn't have to put time against PTO. Is anyone familiar with the law around this?
      You can't short his weekly pay due to partial day absences but you can certainly charge the time off to PTO if he has it.

      However, note pattymd's info re FMLA.
      Last edited by Betty3; 11-14-2007, 07:08 PM.
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      • #4
        Is he going home sick because of allergic reactions to something in the workplace?

        I had such a problem, and finally found out that I am violently allergic to chewing gum. I wasn't chewing gum, but the co-workers were.

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