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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 113504
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am the HR small business. Question: We have an

Customer Question

Hi, I am the HR for a small business. Question: We have an Salary employee who is often sick and has few surgeries in the past four yrs. But says he works over time at home. How do we legally pay a Salary person when he is away from his desk often?
Submitted: 10 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When a salary employee's job is to be at work, leave from work for personal reasons, including sick time, can be deducted from sick/vacation leave or not paid. He is not entitled to overtime anywhere as a salary employee. So, if he is not at work to work, you need to inform him he is gone from work for personal reasons and his vacation/sick time will be deducted and as a salary employee he is not entitled to overtime, which he should already know.
Customer: replied 10 months ago.
Thank you. This is good to know. Can I qote you?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
That is part of the Fair Labor Standards Act, yes.
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