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Exempt Employees Docking Chart ©

Developed by Stanley P. Santire, JD

                                   If                                     Can dock for

Reason

Hours

Days

Weeks

Work unavailable*

 

 

X

Jury duty*

 

 

X

Witness duty*

 

 

X

Military duty*

 

 

X

Personal reasons

 

X

 

Sickness or health (1)

 

X

 

Major safety violation

 

X

 

Workplace conduct rule violation (4)

 

X

 

FMLA

X

 

 

Pubic agency: personal reasons (2)

X

 

 

Public agency: illness or injury (3)

X

 

 

Public agency: budget-required

X

 

 

(1)   If bona fide plan is exhausted or employee not yet qualified.

(2)   If pay system so established.

(3)   If paid leave not requested, was requested and denied, accrued leave exhausted, or employee chooses to   leave without pay.

(4)  If an exempt employee violates a conduct rule.  The regulation on this is quite new.  It probably means only rules that have been made known to employees, preferably in writing such as an employee handbook.  The only examples that are clear are sexual harassment and violence.

F For those items marked with an * the employee can be docked only if the activity consumes the entire week.  For example, if an exempt employee misses three days of work for such activity, the employee must be paid for the full week.  Under some circumstances the employee can be credited for the amount paid to the employee for such activity such as jury pay or military pay.

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