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Salaried Attendance Policy in TX

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  • Salaried Attendance Policy in TX

    Hi, I'm a newbie here with, hopefully, a simple question.

    I work in a department that has all salaried employees, exempt professionals I believe, and I've been given the task of writing a new attendance policy for the group. The way our company policy is is that any time you miss work you need to use your vacation or take-off without pay. This doesn't seem right to me if someone needs to take off to go to the doctor or deal with kids or anything that must be done during regular business hours. We are given two weeks of vacation a year and no other time for sick days or "floating days." I'm trying to write this new policy and I can't find what our rights are for an exempt position. Please send me in the right direction to find the answers I need.

  • #2
    An exempt employee CAN be held to an attendance policy. An employer CAN require that you use vacation or personal time to cover partial day absences.

    They CANNOT be docked in partial day absences unless FMLA is involved; the employer MUST either pay them for the time or apply sick, vacation or personal time to the absence.

    They CANNOT be docked for missing time due to illness UNLESS there is also a legitimate sick time policy with a reasonable number of sick days.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      First you need to determine whether these really are exempt individuals, because there are only certain times you can dock pay.
      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm

      It is not illegal to substitute vacation or sick time for partial day absences for exempt employees. However, if the employee is not yet eligible for paid time off, or has exhausted their available time, you still must pay them for the full day if they worked any portion of the day. So, "time off without pay" for exempt employees for a partial day is not allowed, except in the case of intermittent FMLA.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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