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Exempt/PTO Illinois

On Lawyer & Legal » Employment & Labor Law

1,892 words with 3 Comments; publish: Mon, 08 Sep 2008 09:44:00 GMT; (80062.50, « »)

The company I work for has all of its employees under salary exempt status. I was curious if one of those employees were to arrive at work, become ill (or any other such situation), and return home would they be required to take PTO for the remainder of the day.

understand that the employee is required to be paid for the full day no matter how long he/she were at work but I wasn't sure if the employer can take away from PTO. The employees do not get paid for overtime so to me it seems like double dipping.

Thanks!

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  • 3 Comments
    • Thanks - that helps. Had some questions going on around the office.
      #1; Mon, 08 Sep 2008 11:24:00 GMT
    • In 49 out of 50 states, and sometimes in the 50th, any employee, regardless of salaried, hourly, exempt or non-exempt status, can have vacation or PTO applied in the situation you describe unless a legally binding contract, policy or CBA specifically says otherwise. Illinois is not the 50th state.

      That does not mean that the employer WILL require the employee to take PTO in this situation, only that legally they can.

      #2; Mon, 08 Sep 2008 11:14:00 GMT
    • You have several different issues here.

      - Not your question but the chances that all employees working for the same company are legally Exempt Salaried are slim and none.

      - Assuming that the employee is legally Exempt Salaried (anything is possible), then the docking rules are 29 CFR 541.602 (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm)

      - Last point. "Exempt" and "salaried" are federal law (FLSA) concepts. Vacation/PTO is not. Federal DOL is very, very, very clear that nothing that happens to the vacation/PTO balance has anything to do with federal law. The regulation I just mentioned places restrictions on the docking of the salary of an Exempt employee, but under federal law, "docking" means that actual non-payment of the salary, not the reduction of the vacation/PTO balance.

      #3; Mon, 08 Sep 2008 09:50:00 GMT