Exempt employee PTO not accrued
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Exempt employee PTO not accrued

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Marianne asked 4 years ago
I have a new employee that has been with me a little over 90 days. She is an Exempt position. My employee handbook states clearly how PTO time is accrued. This employee missed 3 days of work (once it was due to her hurting her shoulder & once due to hurting her back) – since she had only accrued 4 hours of PTO, we docked her for the rest of the time. We were wrong to do this?

1 Answer
Lora replied 4 years ago
Hi Marianne,

Generally, employers can deduct exempt employee’s pay when the employee is absent from work for one or more full days for personal reasons. If the exempt employee works any portion of these days, then they need to be paid for the entire day.

Please note, situations like these can become more complicated depending on the laws in the state the employee works in and if the employee’s injuries occurred at work. In order to make sure the company handles this properly; I would advise consulting your compliance team. In addition to this, Zenefits has an Advisory Team that can also review your options in this specific situation. You can find additional information on our team in the article linked below:

https://www.zenefits.com/advisory-services/

Best,
Lora

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