When an employee misses too much work?
i am the office/hr manager in a small (less than 10 employees) company in OK. our employees are salaried, but we keep a running tab on vacation and sick. if they use more than allotted, they are reprimanded, but no pay deduction. and when their anniversary rolls around again, they lose that amount of hours from their next allotment. (for ex: each employee gets 40 hours of vac, if they use 48 hours, when their anniv rolls around, instead of being allowed another 40, they are only allowed 32, as we subtract the 8 hours they used that were not allowed)
ok so my question is this. we have an employee who is actually 24 hours overdrawn (meaning they used 24 more hours than they were allowed to) and now this person has called in saying that they are broke down somewhere and a tow truck is coming. he is scheduled to make a delivery today (in a company truck) which he will not be able to make. Would it be legal for me to deduct his pay by one day? if not, what other action could i impose?
Answer:
I understand alot (not all) of the personnel laws and I do not believe you can dock their pay if they are a salary paid employee. You might have to suck this up and start "coaching" him paper to cover yourselves and possibly fire him if it continues. His behavior as you've described will not change until you change your reaction to his behavior. I would certainly give him a written repirmand about not being able to make the delivery. I would document all his wrong-doings from here on. But remember, if he chose to fight it with a lawyer, they would want to see consistency with ALL employees, not just one.
It sounds like a great place to work-why would he risk all that?
Good Luck!
You cant hold that against him that your crappy company truck broke down, unless you want to get sued
Your company hand book should cover this issue. If it doesn't than you should call the company's lawyer and find out what you are legally permitted to do.
You could fire him and get a more reliable person.
I can't believe you don't have a lot of turn over. Change your leave policy, it sucks. If you have an employee that is taking too much time off your address that with the employee and make corrections. Let me ask you this? If employees take no vacation, do you add that on to the next year?
I don't know about the legality of further docking pay. How about simply asking the employee is s/he wants the job. Tell him/her that "no" is an OK answer. You just need to know so you can make arrangements to have the work done (the work that sits undone whenever the employee misses work). And that "arrangement" would be to replace the oft-absent employee with someone who truly wants the job. You don't have to carry a slacker. It will soon foment resentment from the others -- especially in a small office. Your sitch has the potential to become very toxic very fast. Act now. Cut your losses.
Depends, did he make it to work that day? If not does he have any personal days left? If he did make it to work, then why deduct?
You better watch working this like you are, the Labor Relations Board even if they are on a salary might step in and make you pay up, all back pay.
Why not go get him in the company truck so he can make the delievery and charge him the gas money used. 40 hours of vacation time? that's it? Why work for you?
If it was company policy that you don't get paid for time missed after you used up your alloted vacation time, then that would be fine. However, that is not your company's policy; so perhaps you should consider changing the policy so that in the future employees are not paid for time off that they haven't earned. Maybe things are different in OK, but I am from NY and 40 hours of vacation is extremely low - so if that is low for your region too then you might want to consider upping that so that employees want to stay (esp. if you change the policy that no longer allows them to borrow ahead to next year's vacation allotment).
This employee has taken 25 days off in this year. That's 2 per mo. Are these sick days taken 1 or 2 at a time (does he have some one writing his notes for him?)or was there an illness that kept him out an extended period of time? This employee should be re-evaluated.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Questions and Answers: