Q. We have two offices in two different states. In one office, we have a sick leave policy in place because we have
A. Yes. An employer can have a sick leave policy in one facility and no policy at another in a different state. Even if someone could develop some argument of actionable discrimination, you have articulated legitimate business reasons for the difference, which should defeat any challenge.
Of course, if something changes and you add exempt employees to the second location, you will want to reconsider your two-policy program.
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