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CA-- paying exempt and vouching sick time

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  • CA-- paying exempt and vouching sick time

    If a salaried,exempt employee comes into work and works for 2 hours then goes home sick, are we required by law to vouch the 6 hours out of her sick bank? I know we must pay for the full day - but it's the vouching the remainder of the day to her sick bank that is in question. Basically, does this risk her exempt status? Thanks!

  • #2
    You are not REQUIRED by law to but you are not prohibited from doing so by the law, either.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you. In your professional opinion, because I could not find one instance of docking partial days from other exempt employees sick bank hours, we should not do so in this case? Meaning - we have somewhat set a precedence, correct? Nothing is spelled out in our handbook

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      • #4
        I wouldn't single this person out specifically, no. But if you decide to change your policy to start doing this on a regular basis, SOMEONE is going to have to be the first one under the new policy.

        So in my opinion, it will depend on whether you plan to do this consistantly going forward, or not. It would not be illegal to do it just for this one person, but if she were to claim you were doing it ONLY because she is of this race, or that national origin, your defense would be weaker.
        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.

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