Human Resources Questions?

Question

Their is an employee who for the past couple of weeks has been out at least once a week and on the same day. Can the employer write the person up for excessive absenteeism. The other ? Salary employees are non-exempt therefore they are entitled to some things. One of the thing is comp day's aka personal days. How many days can a person have of comp day's(and their has to be a limit, right?) Please advice your help is much appreciate it.

Answer 1

You must first find out why the employee is absent the same day.  If they say sick, and it is always Friday or Monday, then yes you could write them up.  If it is say a Tuesday, and they are attending Chemo or Radiation then that should be addressed via FMLA.

Salary Employees are Exempt.  Non-Exempt are hourly employees that must be paid overtime.

The Fair Labor Standards Act (FLSA) sets out whom is what.  The FLSA has absolutely no provision for paid vacation, comp time, PTO or whatever your company calls it.  Those are strictly company policy.  Check your employee handbook, ask your supervisor or a senior HR employee.

If you want to e-mail me specific questions, I'll be happy to help.

Answer 2

absenteeism is a policy issue and as such the employer can handle this in any way they like as long as they do so within the parameters of their policy.

you are correct about non-exempt salary positions, actually most salary positions are non-exempt. to be exempt there are strict guidelines that must be met

(obviously Thrasher did not understand that part)

comp days are days given in compensation for overtime which is illegal if the employer is covered by FLSA.

many states allow comp time in place of overtime for employers not covered by FLSA and comp time is legal for many government positions. http://www.dol.gov/elaws/otcalculator.ht...

as far as how many days are allowed as absences due to personal days, sick days or vacation again that is a policy decision. the company decides how those days are awarded and how they may be used. (Thrasher has that one correct)

these fact sheets will help you understand more about these subjects:

http://www.dol.gov/esa/whd/regs/complian...

http://www.dol.gov/esa/whd/regs/complian...

http://www.dol.gov/esa/whd/regs/complian...

http://www.dol.gov/esa/whd/regs/complian...