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Salary Exempt docked pay for partial days Oklahoma

On Lawyer & Legal » Employment & Labor Law

2,433 words with 7 Comments; publish: Wed, 09 Jan 2008 13:30:00 GMT; (800125.00, « »)

Is it legal in Oklahoma for an employer to require that a salary exempt employee take paid time off if that employee works less than 4 hours in a day? Our HR department requires that salary exempt employees take 4 hours paid time off (vacation pay) if they work 4 hours and 14 minutes or less. They also state that if they work 4 hours and 15 minutes or more, they do not have to take paid time off (vacation pay).

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  • 7 Comments
    • No, the employer cannot dock pay for a partial day's absence (again, unless it's FMLA leave.) If the employee has used up all vacation, paid sick/personal time, etc., then the employer still has to provide the employee with his full paycheck, although they can debit his vacation/PTO accrual in advance.

      If the employer feels the employee is excessively absent, they certainly may discipline him for his attendance but they cannot dock his paycheck.

      #1; Wed, 09 Jan 2008 13:54:00 GMT
    • Is it legal in Oklahoma for an employer to require that a salary exempt employee take paid time off if that employee works less than 4 hours in a day? Yes. This is entirely a matter of company policy.
      #2; Wed, 09 Jan 2008 13:39:00 GMT
    • Let me just clarify something. The title of your post is "Exempt docked PAY for partial days" but in your post you only refer to PTO. An employee's PAY cannot be docked in partial days (excepting FMLA leave) however an employee's vacation/PTO or similar paid time off benefit can be.
      #3; Wed, 09 Jan 2008 13:41:00 GMT
    • P.S.

      What if the company has no written policy on the subject? Whether they have a policy is irrelevant; the employer must still comply with federal and State wage and hour laws.

      #4; Wed, 09 Jan 2008 13:55:00 GMT
    • What if the employee has exhausted all vacation time and sick time. In this scenario, the employee would be docked pay. Is that still legal?
      #5; Wed, 09 Jan 2008 13:46:00 GMT
    • What if the employee has exhausted all vacation time and sick time. In this scenario, the employee would be docked pay. Is that still legal? What if the company has no written policy on the subject?
      #6; Wed, 09 Jan 2008 13:48:00 GMT
    • If an exempt employee takes time off, that time can come out of the Paid Time Off Bank.

      Once the employee has exhausted that bank, partial days off must be paid in full, but the employer should, at that point, be looking to fire the employee for taking too much time off. The alternative is to allow the PTO bank to go in the negative, to be made up over time.

      If the person in question is borderline with respects to productivity, he/she gets paid for the partial day absence, collects the last pay check and is history.

      #7; Wed, 09 Jan 2008 14:04:00 GMT