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Part-time Salaried Employee

Discuss Labor Laws

Part-time Salaried Employee

Postby Christmas » Sun Nov 20, 2016 8:52 pm

We have a part-time salaried employee whose hours fluctuate each week.  Our policy states that the employee will receive two weeks paid vacation and 5 days sick leave per year as well as holiday pay(if scheduled to work that day).  Would I need to calculate the average number of hours worked to determine what a "day" of work would be?
Christmas
 
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Part-time Salaried Employee

Postby Graeham » Mon Nov 21, 2016 12:44 pm

Hi Debbie,

Thank you for the question.  I'll assume the employee , although part time, is a bona-fide exempt employee who qualifies under Federal regs as "exempt" from overtime.(if not, ot is still required if it applies)      So,  as a part timer, chances are the person will not ever get OT anyway...   in that regard,  I'll next assume the person always gets the same salary whether he/she works 10 , 20 or 30 hours, etc.    If you change the pay based on hours worked or quality of work, then you are essentially paying by the hour...

I don't know what state you are in, and the regs do vary, so I will tell you about Pennsylvania.  In PA, there is NO law or regulation that specifically tells an employer how to pay for time that is not actually work time in terms of pto, vacation, sick, personal time off, etc...   These are all "extra" benefits and only minimum wage and overtime are required by law in PA  for employees.  Most states simply require the employer to follow their own written policy on handling these type of pay benefits and how they apply to employees on a non-discriminatory basis.  BE SURE to put it into your employee manual in writing - however you choose to do it from this point forward.

So,  you can use whatever method you like to determine what equals a "full day".     I would suggest one of two methods:

1-   Take a representative period of time that is akin to the normal vacation schedule there.   You may base the vacation year on a January 1 start date,  the employee's own hire date or some other fiscal start date.  Whatever date you use,  go back a year,  take the employee' total hours(Are you requiring them to punch in and out ?)    and divide by 52 weeks.    Then you will have a better idea of a full week and a full average day being 5 hours, 6 1/2 or some other figure over time.

You should require this person to punch in and out- even with the salary...  oh, yea....

2-  The other option is to make part timers eligible for 6 hours / day as a "standard" for these holiday and vacation day payouts.    This approach eliminates your need to do tedious calculations as suggested above.  If you have four or five part timers, this could get old really fast.     So,  do exercise #1 above- but for ALL PT employees and then derive the average PT day worked.  use that figure as a standards and update it once a year.

So, does that help ?   If you want more info,  just follow up.

Also- be sure to rate the answer.  I get one pickled herring for each score over 7 points. Brian Phillips

President

www.harvis.org

Your company's GO TO contact for HR issues
Graeham
 
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Part-time Salaried Employee

Postby Dagon » Tue Nov 22, 2016 10:34 am

We have a part-time salaried employee whose hours fluctuate each week.  Our policy states that the employee will receive two weeks paid vacation and 5 days sick leave per year as well as holiday pay(if scheduled to work that day).  Would I need to calculate the average number of hours worked to determine what a "day" of work would be?
Dagon
 
Posts: 33
Joined: Sun Mar 23, 2014 10:28 am


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