Docking exempt worker for single day: Is it legal? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Docking exempt worker for single day: Is it legal?

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Q. We require exempt employees who miss a full day for any reason to use either a sick day, personal day or vacation day in order to get paid for the full week. Is this appropriate? Is it permissible to pay them for less than a full week of work if they have used all of their paid leave time and still miss a full day of work? — R.W., Oregon

A. The Fair Labor Standards Act requires that exempt employees receive pay for a full week’s work if they perform any work in that week. However, there is no prohibition against an employer requiring exempt employees to use their sick, personal or vacation time for time off during a week as long as the employee receives his usual pay. 

If an employee misses a day for personal reasons, you do not have to pay him for that day. However, if he misses only part of a workday, you must pay him for the entire day (as you are doing).

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