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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2025-12-02T06:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistSalary deductionsFair Labor Standards Act (FLSA)In-Depth ArticleHR ManagementEnglishFocus AreaHuman ResourcesUSA
May employers require exempt employees to use PTO for half-day absences?
‘Tis the season for time off. Complying with wage and hour laws can be tricky, but especially at this time of year, when many employees are coming and going, whether due to vacations, holidays, or illnesses.
Tracking nonexempt employees’ hours is pretty straightforward. However, employers should know that they may require exempt employees to use paid time off (PTO) for absences of less than a full day, but doing so depends on several factors.
Under the federal Fair Labor Standards Act (FLSA), employers must pay exempt employees their full salary for each week they perform any work. If they don’t, employers risk an FLSA violation, and those employees could lose their exemption.
Employers may deduct from exempt employees’ accrued paid time off (PTO) leave bank for partial-day absences. This, essentially, requires exempt employees to use their PTO for absences of less than a day. Employers must, however, be careful.
Where employers have a benefits plan (e.g., vacation time, sick leave), they may reduce the accrued leave for the time an employee is absent from work, whether the absence is a partial day or a full day, without affecting the employee’s exemption, as long as the employee receives their guaranteed weekly salary.
This is true even if the employee has no accrued benefits in the leave plan and the account has a negative balance.
Full-day absences
If employees are absent for 1 or more full days for personal reasons (e.g., car repair), other than sickness or disability, employers may deduct from their salary, as opposed to their PTO bank.
If, for example, an exempt employee is absent for 2 full days to move to a new house, the employer may deduct from the employee’s weekly salary for the 2 days. If, however, the employee is absent for 1.5 days, the employer may deduct from the employee’s salary only for the 1 full-day absence. The employer may deduct from the employee’s PTO bank for the partial-day absence.
While employers don’t have to have a bona fide sick leave plan, they may make such deductions due to absences related to sickness or disability only if they have one. Employers must communicate the plan to eligible employees and follow the plan.
To be bona fide, employers must administer the plan impartially, and its design shouldn’t reflect an effort to evade the salary-basis requirement.
Whether a particular plan is bona fide would be based upon the actual design of and practices applicable under the plan. A PTO plan might qualify as bona fide even though it’s not exclusively for use during sickness or disability.
Assuming that a bona fide plan exists, employers may make deductions from an employee’s salary for absences of 1 or more full days because of sickness or disability before the employee has qualified under the plan and after the employee has exhausted their PTO/sick leave.
Key to remember: Employers may deduct from exempt employees’ PTO bank for partial-day absences.
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RECENT INDUSTRY HIGHLIGHTS
2025-12-02T06:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistSalary deductionsFair Labor Standards Act (FLSA)In-Depth ArticleHR ManagementEnglishFocus AreaHuman ResourcesUSA
May employers require exempt employees to use PTO for half-day absences?
‘Tis the season for time off. Complying with wage and hour laws can be tricky, but especially at this time of year, when many employees are coming and going, whether due to vacations, holidays, or illnesses.
Tracking nonexempt employees’ hours is pretty straightforward. However, employers should know that they may require exempt employees to use paid time off (PTO) for absences of less than a full day, but doing so depends on several factors.
Under the federal Fair Labor Standards Act (FLSA), employers must pay exempt employees their full salary for each week they perform any work. If they don’t, employers risk an FLSA violation, and those employees could lose their exemption.
Employers may deduct from exempt employees’ accrued paid time off (PTO) leave bank for partial-day absences. This, essentially, requires exempt employees to use their PTO for absences of less than a day. Employers must, however, be careful.
Where employers have a benefits plan (e.g., vacation time, sick leave), they may reduce the accrued leave for the time an employee is absent from work, whether the absence is a partial day or a full day, without affecting the employee’s exemption, as long as the employee receives their guaranteed weekly salary.
This is true even if the employee has no accrued benefits in the leave plan and the account has a negative balance.
Full-day absences
If employees are absent for 1 or more full days for personal reasons (e.g., car repair), other than sickness or disability, employers may deduct from their salary, as opposed to their PTO bank.
If, for example, an exempt employee is absent for 2 full days to move to a new house, the employer may deduct from the employee’s weekly salary for the 2 days. If, however, the employee is absent for 1.5 days, the employer may deduct from the employee’s salary only for the 1 full-day absence. The employer may deduct from the employee’s PTO bank for the partial-day absence.
While employers don’t have to have a bona fide sick leave plan, they may make such deductions due to absences related to sickness or disability only if they have one. Employers must communicate the plan to eligible employees and follow the plan.
To be bona fide, employers must administer the plan impartially, and its design shouldn’t reflect an effort to evade the salary-basis requirement.
Whether a particular plan is bona fide would be based upon the actual design of and practices applicable under the plan. A PTO plan might qualify as bona fide even though it’s not exclusively for use during sickness or disability.
Assuming that a bona fide plan exists, employers may make deductions from an employee’s salary for absences of 1 or more full days because of sickness or disability before the employee has qualified under the plan and after the employee has exhausted their PTO/sick leave.
Key to remember: Employers may deduct from exempt employees’ PTO bank for partial-day absences.
Keep reading...Show less
2025-12-02T06:00:00Z
NewsWater PermittingChange NoticesChange NoticeWater ProgramsPennsylvaniaWater QualityEnvironmentalWater ProgramsStormwaterEnglishFocus AreaCWA Compliance
Pennsylvania reissues NPDES General Permit for mining
Effective date: March 28, 2026
This applies to: Mining operations with stormwater discharges
Description of change: The Pennsylvania Department of Environmental Protection reissued the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Associated with Mining Activities (BMP GP-104). Mining operation sites must obtain an NPDES permit to discharge stormwater if the site has expected or potential stormwater runoff discharges.
The new permit made one substantial change to clarify that entities covered under this general permit must meet the 2-year, 24-hour event design standards at 25 Pa. Code Chapter 102. The BMP GP-104 takes effect on March 28, 2026, and expires on March 27, 2031.
View related state info: Industrial water permitting — Pennsylvania
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2025-12-02T06:00:00Z
NewsWaste/HazWasteUniversal WasteChange NoticesChange NoticeWasteEnvironmentalEnglishLouisianaFocus Area
Louisiana adds aerosol cans to universal waste program
Effective date: November 20, 2025
This applies to: Owners and operators of all facilities that generate, transport, treat, store, or dispose of hazardous waste
Description of change: The Louisiana Department of Environmental Quality added hazardous waste aerosol cans to the universal waste program. The program streamlines hazardous waste management requirements and is identical to the federal universal waste requirements for aerosol cans.
View related state info: Universal waste — Louisiana
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2025-12-02T06:00:00Z
NewsWater PermittingChange NoticesChange NoticeWater ProgramsWater QualityWater ReportingFloridaEnvironmentalWater ProgramsEnglishFocus AreaCWA Compliance
Florida allows reciprocity for water system operator licensing
Effective date: November 6, 2025
This rule applies to: Out-of-state licensed treatment plant operators and distribution system operators
Description of change: The Florida Department of Environmental Protection adopted rules to:
- Implement licensure reciprocity, allowing the department to issue licenses by reciprocity to water treatment, domestic water treatment, and water distribution system operators with out-of-state licenses; and
- Allow the department to issue temporary operator licenses during a declared state of emergency to out-of-state licensed treatment plant and distribution system operators during a declared state of emergency.
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2025-12-02T06:00:00Z
NewsWater PermittingChange NoticesChange NoticeOhioWater ProgramsWater QualityIndustrial WastewaterEnvironmentalWater ProgramsEnglishFocus AreaCWA Compliance
Ohio extends expiration of Permit to Install
Effective date: November 13, 2025
This applies to: Owners and operators of wastewater treatment systems and businesses that install sanitary sewers
Description of changes: The Ohio Environmental Protection Agency amended the Permit to Install (PTI) program rules, which regulate the design and installation of wastewater conveyance and treatment systems. Most notably, the department extended the expiration date of PTIs from 18 months to start construction to 60 months to start construction. The amendments also exempt boat wash marinas and force mains serving one structure from PTIs.
View related state info: Industrial water permitting — Ohio
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.