We’ve probably all been here – someone calls in sick, but says they’re working from home, too. So what is it? A sick day, taken out of their time off bank, or a work at home day?
HR Bartender investigates with Mark Neuberger, of Foley & Lardner, and focuses on the situation of an exempt employee doing the above. Some highlights:
Basics of sick days and exempt employees:
Mark Neuberger: Under the federal Fair Labor Standards Act (FLSA), one of the criteria that must be satisfied in order to have an employee fall into most of the exemptions from overtime pay is that the employee must be paid a fixed weekly salary. Fixed weekly salary means just that; you cannot ‘dock’ an exempt employee for work. While you can have a bank of sick days to be used up, if an exempt employee ‘goes negative’ on their bank of sick pay, their pay should not be reduced.
Why would a compnany tell an employee to just take a sick day and not work?
Mark Neuberger: If an employee is sick, their attention and focus will be lacking, impacting accuracy and overall performance. An employer who allows an employee with the flu and 103 fever to make complex accounting or engineering decisions is asking for all sorts of problems.
Do we need a policy on this?
Mark Neuberger: Yes. A policy should set standards and communicate expectations.
Read the whole interview here – it’s great!