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Salaried Exempt contact during off time

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  • Salaried Exempt contact during off time

    My husband is salary exempt at a company in pennsylvania. My questions is when you are on your own time, vacation, sick or unpaid leave and are called by work and have to actively participate either by phone or by actually physically doing something during that time, are you supposed to be compensated as regular time?

    This happens frequently to salaried exempt employees at this company and I was wondering how that all worked.

  • #2
    If the employee is not losing any pay, then it is legal. The law doesn't govern PTO, so if part of using your sick or vacation leave means that you still must check in with the office as needed, that is not illegal. It is far from uncommon for exempt employees to stay connected when away from the office.

    If he is on unpaid leave and the time spent is not negligible, then he must be paid for that day.
    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.


    • #3
      There is no requirement that the company pay an exempt employee anything more than the regular salary, no matter how many hours worked.

      There is no requirement that employees get vacation pay, sick leave, holidays. When the company calls, although inconvenient when you are lounging on the beach in the Bahamas, you take the call or risk the consequences.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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