Q/A Weather-Related Absences
Q: The winter has just begun, and already we have had employees miss work because of inclement weather. How should we deal with these absences? Can we allow employees to make up the time if we don't pay them?
A: If you have operations in areas that experience severe weather, such as winter storms, flooding, or hurricanes, you should include provisions in your policies for weather-related absences. Most employers discuss weather-related absences in their attendance policies. Any policy dealing with attendance during periods of inclement weather should give employees an incentive to get to work and should distinguish between nonexempt and exempt employees.
Many employers do not pay nonexempt employees for weather-related absences, although the absence is excused. Others allow nonexempt employees to use accrued paid vacation or personal days so that they do not lose compensation. A few employers pay all nonexempt employees for the day but recognize the efforts of those who worked by providing them with an extra floating personal day.
Some employers allow nonexempt employees to make up time missed because of inclement weather. However, if the employee makes up the time in a week in which he also works 40 hours, you will owe him overtime for the additional hours worked over 40. For this reason, many employers do not allow employees to make up the time unless it is scheduled within the same workweek as the time missed.
Exempt employees generally should be paid for absences that result from inclement weather if they have worked during any part of the workweek in which the absence occurs. If you make deductions from exempt employees' compensation for absences caused by inclement weather, you may jeopardize the employees' exempt status and incur liability for any overtime they may have worked. Deductions for absences of a day or more because of inclement weather are not specifically allowed for exempt employees by the Fair Labor Standards Act regulations and, therefore, may not be permissible.
Learn more: http://www.ppspublishers.com/articles/weatherpay.htm
A: If you have operations in areas that experience severe weather, such as winter storms, flooding, or hurricanes, you should include provisions in your policies for weather-related absences. Most employers discuss weather-related absences in their attendance policies. Any policy dealing with attendance during periods of inclement weather should give employees an incentive to get to work and should distinguish between nonexempt and exempt employees.
Many employers do not pay nonexempt employees for weather-related absences, although the absence is excused. Others allow nonexempt employees to use accrued paid vacation or personal days so that they do not lose compensation. A few employers pay all nonexempt employees for the day but recognize the efforts of those who worked by providing them with an extra floating personal day.
Some employers allow nonexempt employees to make up time missed because of inclement weather. However, if the employee makes up the time in a week in which he also works 40 hours, you will owe him overtime for the additional hours worked over 40. For this reason, many employers do not allow employees to make up the time unless it is scheduled within the same workweek as the time missed.
Exempt employees generally should be paid for absences that result from inclement weather if they have worked during any part of the workweek in which the absence occurs. If you make deductions from exempt employees' compensation for absences caused by inclement weather, you may jeopardize the employees' exempt status and incur liability for any overtime they may have worked. Deductions for absences of a day or more because of inclement weather are not specifically allowed for exempt employees by the Fair Labor Standards Act regulations and, therefore, may not be permissible.
Learn more: http://www.ppspublishers.com/articles/weatherpay.htm
Labels: exempt employees, flsa, inclement weather, leaves of absence
posted by e-Learning Place at 11:41 AM
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