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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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I have an employee that has taken many days off. She is entitled

Customer Question

I have an employee that has taken many days off. She is entitled to 2 weeks paid vacation and 1 week sick time. She takes off at various time during the year that have nothing to do with anything. She has taken family to Disneyland, taken days off to be with sick family members, out for a day with food poisoning. "just decided not to come in today" and on and on. She states that she is a salaried employee and cannot be charged with those days off as vacation or sick time. My accounting department has charged her with those days as vacation or sick time. My employee is very upset and states we cannot do that, as long as her work is complete that is it. She states that she has seen an attorney, I don't believe she has but says that this is harrassment and that the attorney has told her that. I don't know what to do. Please help
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
The No-Docking Rules re Salary-Exempt Employees

An employer may deduct for absences of a full day or more because of sickness or disability, if the deduction is made in accordance with "a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by both sickness or disability." 29 CFR § 541.602(b)(2).

An employer may deduct for full days on which no work is performed if the absence is due to "personal reasons, other than sickness or accident." 29 CFR § 541.602(b)(1).

An employer may not deduct for partial-day absences. Partial-day deductions indicate the employee is not "salaried" and thus not exempt from overtime pay requirements. This rule effectively precludes employers from docking an exempt employee's pay for absence of less than a day (a partial-day absence). Conley v. Pacific Gas & Elec. Co. (2005) 131 Cal.App.4th 260, 267, 31 Cal.Rptr.3d 719, 724.

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