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Employment Law/Salaried Employees PTO and Holidays

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Question
Working for a nursing home in IL, where we have a PTO policy where all personal time, sick days, and Holidays are lumped together. Employees do not get PTO until after 6 months. I have a salaried employee who has not earned her PTO, She did not work the Christmas Holiday and is now short her Salaried Hours, She should be at 88 for the Pay period and is at 80. IS she required to work the full hours for the week?

Answer
Salaried employees must get paid their full week pay if they work any part of the week. The only time they can be docked is if they take off one day for personal reasons. If she took a day off for personal reasons she can be docked the day. If it was a holiday and the company was closed and she could not work than she must be paid. If she has PTO it can be used to pay her, if she does not have PTO than you must pay her unless it is personal time off.

Some companies do allow an employee to borrow PTO from future allotments and than it is used when the PTO is earned. That is up to the company if they wish to do that.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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