Can you have different vacation policies for different employees?
Yes, you can offer different time off packages to different employees. When it comes to PTO, you’re legally allowed to offer different structures to different employees, as long as the basis for the different employee benefits isn’t grounded in any type of discrimination.
Can non-exempt employees take partial vacation days?
With non-exempt employees, it is fairly simple. According to the FLSA, non-exempt employees only have to be paid when they work, so they may take partial unpaid vacation days any time an employer authorizes the time. Because of this, absenteeism is kept to a minimum.
Do non-exempt employees get vacation?
Non-exempt employees only have to be paid when they work, so they may take partial and full unpaid vacation days whenever they are authorized. Depending on what state they live in, non-exempt employees may also accrue specific amounts of paid time off for every hour worked.
Can non-exempt employees have unlimited PTO?
The additional legal risks associated with an unlimited vacation policy are summarized below. Non-exempt Employee Wage & Hour Laws, Overtime/Off the Clock, FLSA State and Federal – There is no legal prohibition on providing non-exempt hourly workers with unlimited vacation.
Can a boss deny vacation?
California employers can legally create rules and limits about vacation time, giving them the right to deny your request in certain situations. However, state law prohibits any employer from denying vacation requests because of race, gender, religion, or other reasons that are considered discrimination.
Can my employer force me to take vacation?
Can an employer force its employees to take vacation? Look at the employment contract and any vacation policies and see what they say about vacation scheduling. Unless the contract or policy gives the employee the right to choose their vacation time, then yes, employees can be forced to take vacation if work is slow.
How many hours must an exempt employee work?
40-hours
As an exempt employee, an employer could require the employee to work more than 40-hours per week without overtime pay. An employer would also not have to provide rest breaks and meal breaks to an exempt employee. An employer may intentionally or unintentionally classify a non-exempt employee as an exempt employee.
Can exempt employee take half day off?
If an exempt employee’s vacation, PTO or sick leave balances do not cover a partial-day absence, the employee must still be paid his or her full-day salary. In 2014 the California Court of Appeal in Rhea v.
Can hourly employees have unlimited PTO?
Unlimited PTO lets employees take as much sick, personal, and vacation time as they like if the work gets done. In practice, “unlimited” doesn’t really mean without limits. It doesn’t work for hourly employees, since they earn vacation as compensation based on the hours they work.
Is unlimited PTO legal?
Since CA Labor Code section 227.3 requires application of the “equity and fairness” principles to vacation policies, an “unlimited” policy that is unfair in application may violate California policy.
Can a exempt employee use their vacation time?
Many employers will allow exempt employees to take the time off they need, with the knowledge that these same employees are valuable and often work overtime for no additional compensation. Some employers may require that exempt employees use their vacation time or work compensatory hours.
What’s the difference between exempt and non exempt employees?
While non-exempt employees must only be paid for hours worked, exempt employees must receive their salaries regardless of time clocked. Without clear policies around PTO for these two groups, employers risk legal liability for non-compliance with federal law.
Can a non exempt employee take unpaid time off?
According to the FLSA, non-exempt employees only have to be paid when they work, so they may take partial unpaid vacation days any time an employer authorizes the time. Because of this, absenteeism is kept to a minimum. Exempt employees are not so simple and how you handle their time off may run you afoul of the Fair Labor Standards Act.
Can a exempt employee take a partial day off?
Under this definition, exempt employees generally must receive their full salary for any week in which they perform work, without regard to the number of days or hours worked. Generally if the exempt employee has paid time off available you can require them to use vacation time for partial day absences.