Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. Her duties include personnel, hiring, firing and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). Are we handling this correctly?
A. If the employee is exempt under the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act, then you are handling partial-day absences correctly. Salaried employees cannot be docked pay for less than full-day absences, but you are permitted to deduct the time from the employee’s vacation time bank.
If you’re also asking whether the employee is exempt, that depends on whether she meets the test for the administrative exemption. The relevant factors are described on the Department of Labor’s web site: www.dol.gov/whd/regs/compliance/fairpay/fs17c_administrative.pdf.
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