QUESTION

Can i dock a day of pay for an exempt employee that has no PTO (paid time off) days available?

Asked on Nov 23rd, 2015 on Labor and Employment - Pennsylvania
More details to this question:
Our PTO policy is not broken down into vacation/personal/sick days, it is simply a number of PTO employees earn after a certain time frame. I see that the FLSA states that you can dock a day of pay under the following circumstance: Exempt employee absences of a day or more caused by sickness or disability, if the company maintains a plan that provides compensation for loss of salary caused by sickness and disability and the employee exhausted his or her “bank” of leave. Does that mean I dock his pay for the day since he has no days in his "bank" or do I pay him his salary? This particular employee has not earned PTO days yet, but we've been borrowing days from the bank he will receive once he's been here a year.
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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Generally you can dock an exempt employee's pay if that person misses a full day of work.  However, the wage and hour provisions of the FLSA can be complicated and there are exemptions.  It would be a very good idea for you to have an experienced attorney review your current employee policy book for compliance with the FLSA and other wage/employment laws. 
Answered on Dec 08th, 2015 at 8:30 AM

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