Legal Question in Employment Law in California
exempt employees partial day absence
Our corporate legal councel has advised our executive management that exempt associates can have partial day absences deducted from their PTO. Is this correct?
2 Answers from Attorneys
Re: exempt employees partial day absence
-Normally, exempt employees are entitled to their full paycheck for the week, if they worked any hours that week. I don't know, however, if "PTO" refers to FMLA leave.
Re: exempt employees partial day absence
If properly classified as salaried, personnel should not have deductions of pay for such absenses. Non-salaried personnel obviously may. If you are properly classed as salaried, and have such deduction, your final option is to file a wage claim with the Labor Commissioner, after attempting a negotiated resolution. Call to discuss if you need attorney help in such claim.
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