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In Arizona, what is considered a partial day that

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In Arizona, what is considered a partial day that an exempt employee may have accrued leave (sick or vacation) docked?
Submitted: 6 years ago.
Category: Employment Law
Expert:  BusinessDoc replied 6 years ago.
Actually, under the (federal) Fair Labor Standards Act (FLSA) you can not deduct part of a day from a exempt salary employee. If the employer were to take these improper deductions, it would invalidate the exemption - which would then make the employee eligible for overtime pay.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17g_salary.pdf
Customer: replied 6 years ago.
Reply to BusinessDoc's Post: I need a clarification please. It is my understanding that an employer may deduct leave accrued for sick time or vacation if the employee has the accrued leave available. Is there a minimun amount of time that an employee must be absent in a single day for the deduction to be taken.
Expert:  BusinessDoc replied 6 years ago.
Salary deductions may ONLY be made when the employee is absent for a whole day.
http://www.antitrustattorneys.com/publications/articles/916.pdf

You are correct that paid leave may be deducted for partial day absence.
http://www.aana.com/resources.aspx?ucNavMenu_TSMenuTargetID=54&ucNavMenu_TSMenuTargetType=4&ucNavMenu_TSMenuID=6&id=2347
http://www.dol.gov/esa/whd/opinion/FLSA/2005/2005_10_24_41_FLSA.htm

The DOL does not define a specific number of hours that would be needed to deduct vaction time.
Customer: replied 6 years ago.
Reply to BusinessDoc's Post: Thank you for your reply. I still have a question concerning the deduction of paid leave. Is there a minimum amount of time (half day, etc.) before paid leave may be deducted from an employees' accrued paid leave? Or, may the leave be deducted in half-hour, one-hour, or two-hour segments?
Customer: replied 6 years ago.
DOES THIS APPELLATE COURT DECISION APPLY TO ARIZONA?

The appellate court clarified partial-day to mean an “absence of four or more hours in a single day.”

Based on this new appellate court opinion, employers may dock leave accruals for exempt employees’ partial day absences due to illness or personal/vacation time. Employers should not, however, dock accrual balances for absences of less than four hours – the appellate court would not consider an absence of less than four hours to be a “partial day.” Finally, if there is not sufficient leave accrued for a partial day absence, the employee’s actual paycheck must not be reduced for that partial day absence.

WWW.SGILAW.COM/IS20054.HTM
Expert:  BusinessDoc replied 6 years ago.
Even if it did not directly apply - I think that using anything smaller than 1/2 days would really endanger the classification of the employee as an exempt employee.
BusinessDoc, Consultant
Category: Employment Law
Satisfied Customers: 12565
Experience: MD, MBA - Consulting & teaching in business and HR management issues
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