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If I am a full-time EXEMPT employee, am I required to report any personal hours off to be taken against my vacation/sick pay?
Anonymous4 views3 answers
I am a full-time EXEMPT employee with a set salary per year at my current company. From time to time I have taken a few hours off during the work day to go to doctor and dentist appointments, and to run personal errands. I typically have worked at least 4 hours or more per day before dealing with personal business. On average I am absent less than 1-4 hours in a day, depending on the type of absence. Because I am an exempt employee, I work 4 or more hours per each work day, and my work is completed upon leaving for the day. I feel my obligation as an exempt employee has been fulfilled, and that I should not have to report my absent hours to be deducted from my vacation and sick pay? My direct manager demands that I report all absent hours against my vacation and sick pay. Is this legal?
If you have earned and unused vacation time or Paid Time Off, your employer may require you to use that time when you don't work a full business day if that is the company's policy. Not all companies have that policy, but it not unlawful for the company to require you to use your earned paid vacation time.
The fact that you are an exempt employee does not exempt you from any internal policies or procedures mandated by your employer to account for your time. If your company wants you to do it, it can require that you keep detailed, minute-by-minute timesheets indicating when you take breaks or go to the bathroom or talk on the phone. What your employer is asking you to do is fully legal, and you could be disciplined or even terminated for failing or refusing to do as asked.
Good luck to you.
The Department of Industrial Relations has issued an opinion that addresses your question. As the other answers stated, it depends on your employer's policy. I've put a link to the DIR website below. Look for the letter that is entitled: "Deductions: From Leave Credits for Partial and Full Day Absences of Exempt Employees."
The letter addresses various situations where vacation time or sick time may be applied. To further address whether your employer's actions are legal or not, take your employee manual or your company's policy regarding vacation time or sick time with you and consult an attorney regarding your specific situation.
