Can an exempt salary employee be docked pay for missed days?

UPDATED: Oct 2, 2022

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Can an exempt salary employee be docked pay for missed days?

Exempt salary employee. Company offers sick time/ PTO. Employee has none left
but is out sick for three days. Can that employee pay be shorted by 3 days since
he’s used all of his PTO bank? Tennessee

Asked on October 14, 2019 under Employment Labor Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he can be. While an exempt employee (who, by definition, to be exempt must be salaried) must be paid his/her full salary if he/she misses hours during workdays, but still works at least part time each day, the employee does NOT have to be paid for any days he or she misses in the entirety--that, after all, the entire reason for PTO, so an employee can not work at all on a day but still be paid. If an exempt employee does not work full days after using up all PTO, he or she is not paid for those days.

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