Summary
Exempt employees under the FLSA can be required to use PTO in specific increments, even for partial-day absences. They are not entitled to overtime pay. In Illinois and Missouri, employers can mandate PTO usage in one-hour increments, but docking pay for partial-day absences is generally not allowed. Clear communication of PTO policies is crucial.Full Conversation
I am in HR and trying to clarify PTO requirements under FSLA. Our company does not have a policy addressing how a salaried employee must use their PTO. In otherwords, we are made to use PTO in one hour increments if we are late or leave early etc regardless of how many hours we have worked, on the flipside we are not paid overtime when we work over * hours.
Hello ****,
To provide accurate information, I need to ask: Are your salaried employees classified as exempt or non-exempt under the Fair Labor Standards Act (FLSA)? This classification affects overtime and PTO rules.
Exempt
Hello ****,
For exempt employees under the FLSA:
- Employers can require the use of PTO in increments, including for partial-day absences.
- Exempt employees are not entitled to overtime pay.
- The employer’s PTO policy should be clearly communicated.
Please ensure company policies align with both federal and Illinois state laws.
Is there something different in IL or MO law regarding PTO usage for exempt employees
Hello ****,
In Illinois and Missouri, there are no significant deviations from the federal guidelines under the FLSA regarding PTO usage for exempt employees. Both states generally follow federal law:
- Employers can require PTO usage in specific increments, even for partial-day absences.
- Exempt employees are not entitled to overtime pay.
- Clear communication of PTO policies is essential.
Do you have any specific concerns or scenarios related to PTO usage?
What if we are only allowed to take PTO in one hour increments and only need to leave half hour early or come in half hour late
Hello ****,
Employers in Illinois can require PTO usage in one-hour increments, even if an employee only needs to leave half an hour early or come in half an hour late. However, this should be clearly communicated in the company's PTO policy.
Is there any other specific concern you have regarding this policy?
If we have no PTO or sick time available and we leave * hours early can they dock our pay
Hello ****,
In Illinois, for exempt employees under the FLSA:
- If no PTO or sick time is available, employers can dock pay for full-day absences.
- Docking pay for partial-day absences (like * hours) is generally not permissible for exempt employees.
Make sure this is clearly communicated in your company's policy.
ok thank you
You're welcome, ****. If you have any further questions or need additional clarification, feel free to ask. I'm here to help!