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Exempt in Illinois Illinois

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  • Exempt in Illinois Illinois

    Started a new thread per your request. I am an exempt employee whose employer is forcing to use either vacation days or take unpaid for mandatory plant closings of one or two days a week. I was just wondering where this fell under the FLSA, exactly. Thanks.

  • #2
    Forcing the use of PTO doesn't specifically fall under the FLSA. It's just that the FLSA is silent on this particular detail and doesn't prohibit it. In a number of opinion letters, the DOL has stated that it doesn't matter what "bucket" the required pay for exempt employees comes from. Just that it "comes" when it is required.

    Now if you are out of PTO, then you still must be paid, UNLESS you perform no work at all in the workweek.

    Here is the regulation on point.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    Pattymd
    Senior Member
    Last edited by Pattymd; 03-26-2009, 05:42 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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